need extension re divorce

[EllieB]

client is in middle of messy divorce. spouse is not communicating with tp or lawyer. Client filed for automatic extension, but that is running out. Any way he can request a further extension for cause; if not, does he file jointly - without spouses info - or file separately. and if he does file MFS, can they later amend return to MFJ? Is it better to file return with incomplete info on time or take chance that spouse will come thru in next couple of months?

[taxea]

need extension re divorce

no additional extension available. If not community property state file him MFS with only his income and deductions. Amended return MFJ can be done later if necessary but if she isn't speaking to him would she sign the return?taxea

[erchess]

just curious

What would one do in a community property state if the spouses are not willing to communicate with each other? I understand the theory that the income each has other than income from property owned before the marriage goes into an imaginary pool that is divided evenly. But how do you know what the other party had to contribute to the pool if either side won't talk to the other?

[Jiggers]

Get attorneys involved

Explain the penalties to your client and the seriousness and your client should get his attorney involved.

There is no such thing as uncooperative when it comes to a courtroom and a judge and his directive!

[WhiteOleander]

What would one do in a community property state if the spouses are not willing to communicate with each other? I understand the theory that the income each has other than income from property owned before the marriage goes into an imaginary pool that is divided evenly. But how do you know what the other party had to contribute to the pool if either side won't talk to the other?

I'm in Texas. We file MFS on only one income. But, only if they use the standard deduction. If they want to itemize, we tell them they have to do the income and expense split.

As far as property owned before marriage, in Texas it is extremely difficult to keep it separate after marriage. Way Way Way Way back in the 80's () I got a real estate license. One of the instructors was a real estate attorney. He said that if after marriage, even one dollar of community money goes to "support" the separate property, it automatically becomes community property.