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Form 8857 for Carlsbad California: What You Should Know
IRS. Innocent spouse relief is available for married taxpayers when one spouse is found to be legally separated from another. It is commonly understood that an innocent spouse relief petition is only available to divorced couples with at least one year's prior separation from their spouse(s). But, the process to obtain a petition for innocent spousal relief can be complicated. So, it is important to understand what form your petition must be completed and how it is prepared if you are eligible for a petition for innocent spouse relief. The requirements for a petition and the petitions for divorce and for innocent spouse relief do tend to change depending upon the facts of a specific divorce or custody case. If you are looking for help navigating the process through the courts, the website divorcehelp.com offers a wealth of articles, guidance, and information to help you. If you have been served with a divorce or divorce-related custody petition that seeks to determine your “inalienable right” to make decisions on your own regarding your children, the website FindLaw.com has a lot of articles you may find useful. A recent article from TheNewYorkTimes.com provides an overview of the various steps that an innocent spouse will need to go through in the divorce courts to get his or hers innocent spouse relief from the child support and alimony that is part of any divorce case. More than 1,000,000 people filed more than 200,000 petitions for the innocent spouse relief process in 2011, up 30 percent from the previous year, according to the IRS' tax filing guidance. The majority of the innocent spouse petitions are made under the name of a former spouse who filed for divorce or who received an order of protection to stay out of the divorce. In the majority of cases, the petition is made by a former spouse who no longer lives in the same household as the taxpayer. It should be said that while filing for the innocent spouse relief is not easy, it is a good idea to file for help on that particular issue as soon as you know you may need it. The IRS encourages taxpayers to file for relief as soon as they have an opportunity to do so. The Innocent Spouse Relief Form Your petition for innocent spouse relief must be filed with Form 8857 no later than 2 years from when the IRS first asked for the name and address of your ex-spouse for collection or other tax-related purposes. The form, often referred to as “I.R.S.
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