Interstate Divorce


#1

You are considered a resident of NC after 6 months so you would be able to file here if you have met the one year one day separation requirement.

If he had your finacial information he could file it. Technically you are still married so you should have filed married separate anyway. Signing your name on an amended return…not sure about all that. The state tax is the one that would be a concern. You can file a return being a resident in two states in the same year but I’m not sure that is what happened. I suggest going to your local IRS office, with all your information and see if they can direct you.


#2

It is forgery to sign your name. Forgery is illegal. Do talk to your local IRS office, they may not do anything until you file criminal charges against him though. If he was willing to do this with the IRS, if I were you I’d check my credit report.


#3

You can file in North Carolina if you have lived here for the previous six months. Your Husband cannot legally sign your name to a tax return, however, I cannot tell you what the penalties would be because I don’t practice tax law.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Thanks for the information everyone. It will be good to finally move on with my life and get this situation resolved. As far as the tax return I’m going to consult a tax lawyer on that matter. Thanks again for the help.


#5

Good luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

I have 2 questions. The first is my husband and I were married in NY, I have lived in NC for 5 years, is it possible for me to file for divorce here or would I need to go back to NY?

My next question is I filed my 2007 taxes and found out that it was taken because my hubby filed an amended 2004 tax return for married filing jointly and signed my name to it. Can he legally do that? I filed my own taxes for 2004 so now it looks like I filed 2 tax returns 1 here and 1 in NY [:(!]