Do I have to file for a divorce in Texas after filing taxes as “”married filing jointly” and having a child together?

UPDATED: May 29, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 29, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have to file for a divorce in Texas after filing taxes as “”married filing jointly” and having a child together?

I have also been using my boyfriends name on legal documents, such as picking his son up from school and the doctors office. We have presented ourselves as married. I want to move out of state with our daughter and leave this drunk behind but do not want to file for divorce if I don’t have to. He is verbally abusive and don’t allow me to see my family. He lost custody of his son due to bad parenting but his parents gave him back only because I was there, they will take him back when I leave. I can’t be in the same state with him as I am scared of this man. Our baby is two, his son is ten.

Asked on May 29, 2009 under Family Law, Texas


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You do not need to file for a divorce, since you were never married.  You may, eventually, however, have some explaining to do to the IRS and the state's treasury deparment as a result of fraudulently claiming to be married on your income tax returns.  You may want to talk to a tax attorney to find out what your options are to straighten out whatever mess that has caused.  It will likely affect your boyfriend's tax liability, as well.  Better come clean, though, to avoid bigger problems later on.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption