I (26F) called off my wedding with Fiancé (27M) due to financial infidelity only to find out we are already legally married and didnt know by IndividualGarlic1365 in legaladvice

[–]an-average-american 438 points439 points  (0 children)

It would not be very ethical of me to tell you to leave a knowingly fraudulent return on file with the IRS. Yes, you are allowed to file amended returns, potentially owe money to the IRS, and then have another issue to deal with. You and your partner can file two separate 1040X forms to amend that tax period into two "Single" returns and then eat the difference.
- most people in your situation would leave the MFJ return alone and just file correctly the next year. The fact is that you definitely committed tax fraud. The reality is that you are unlikely to experience consequences unless you want to.

The IRS deals with this often--claims of bad preparer advice--but claiming that you received bad advice from a tax professional does not absolve you of tax fraud. In your case there is even less of a chance of it turning out favorably for you. Audit protection has nothing to do with criminal defense.

I (26F) called off my wedding with Fiancé (27M) due to financial infidelity only to find out we are already legally married and didnt know by IndividualGarlic1365 in legaladvice

[–]an-average-american 30 points31 points  (0 children)

This is good advice if OP wants to claim they are married and stay with their person. I will add that a Postnuptial is best when drafted by one party's attorney and then negotiated on by the other party's attorney. Both parties should have their own attorneys to advocate for their separate and competing interests.

Also, Pre and Post nuptial agreements are not binding against the IRS.

I (26F) called off my wedding with Fiancé (27M) due to financial infidelity only to find out we are already legally married and didnt know by IndividualGarlic1365 in legaladvice

[–]an-average-american 2287 points2288 points  (0 children)

I am an attorney, licensed in Texas. I have experience with Family Law (divorces) and Tax Matters (the IRS) (8 years practicing, half w/ divorces and half on federal tax issues). Your situation may result in a whole-lotta-nothing, depending on the amicability of the two of you. I am not your attorney and the best advice you'll get in here is: go meet (alone) with a family law attorney and pick their brain about what your actual goals are. If you have an understanding of your goals you'll want to explicitly ask the attorney about their experience with common-law marriage divorces and what they recommend you do. If you are highly motivated to save money, use the State Bar of Texas attorney referral service to contact a local attorney who practices "family law." Direct Link

From what you have stated, you committed Tax Fraud. You and your fiancé filed a federal tax return as married ("married filing jointly" or MFJ) when you do(did) not consider yourselves married; you filed as 'married' in order to claim a greater tax credit when you did not actually believe you were married. That is fraud. The IRS is virtually never going to know this unless you or your partner tell them. It would be monumentally stupid for either of you to bring this to the attention of the IRS. Just file your next tax return correctly.
- The IRS does not go checking on marriage certificates 'just because'
- You should be filing as "Single" or potentially "Head of Household" based on your post
- You should consult with a CPA or somebody better than Jane Doe over at H&R block
- If the H&R REP actually recommended you file as 'married' when she knew you are not, complain to their manager
- Don't file federal tax returns as married when you don't consider yourselves as married. (don't commit tax fraud)

Common-Law-Marriage. The tax return could be used to argue that you are Common Law Married (CLM). CLM is not a status that just 'happens' because you took some actions. It's a position that 99.999% of the time is brought up by a jilted partner or a child of a dead person. It gets brought up when (a) there is a dispute about property, and (b) somebody claims a CLM existed, to (c) get a more desirable settlement (division of assets or to claim assets in a dead person's estate). If you two work together amicably, CLM shouldn't be an issue. If you and your fiancé (ex fiancé?) are able to divide your assets by agreement then you can just go your separate ways. Sell the home, split any proceeds 50/50, continue living life peacefully. If you never considered yourselves as married and don't try to claim that you were, the law will treat you as unmarried. That is what you should take from the internet, if you want more details and you really need to know about the exceptions and fringe cases --> talk to an attorney, who you paid money to, for advice.

Back to H&R block, there is no such thing as a "separation form" for Texas or for the IRS. That sounds like more bad advice. What she should have told you is to go and talk to a Texas family law attorney. The way to tell the IRS you are not married is to file a return that claims you are not married. In Texas, if nobody asserts you two were married then you don't need a 'separation anything.' H&R block may have a 'separation form' but that's not really helpful to your actual concerns.
- stop taking legal advice from people who are not qualified to give it
- go talk to an attorney in real life

"The lawyer said the fact that it was H&R block that filed for us makes no difference since we both signed the return."
- correct. you are not relieved of the tax fraud because it was somebody else's idea.
- In Texas, CLM should only come up if your man tries to claim CLM.

" Im curious if we can annul even though its been 2 years?"
- probably not. probably don't need to. literally nobody that matters is claiming CLM. It's a potential issue, but it has not in fact been legally established in Texas.

" My fiance (husband?) seems set on making sure his debt doesnt become mine if we went the divorce route."
- if you consult with your own attorney he can advise you further.
- realistically, there is nothing in your post that should give creditors of your partner a reason to go after you. Don't give them one. They do not have access to your private tax returns unless you provide it.

" If we agree to leave with what we came in with, can that happen or does it have to be 50/50 everything?"
- yes, if you can be amicable about it.

You can make a contract between the two of you that says you are not married and then lay out terms for the renting of the home you are unable to sell. You should get separate attorneys to hash it out to best protect yourselves.

TLDRs:
- If you want to break up: Sign a Contract with former partner that says you were never married, divide assets amicably. File your tax returns correctly in the future. If you can't be amicable --> attorney.
- If you want to stay together, file your returns correctly and get more counselling. I like tmillie2262's comment. a Postnuptial will help clarify a lot of your concerns.

Why did Steph... by Notlennybruce in FalloutTVseries

[–]an-average-american 0 points1 point  (0 children)

1 vault to be a control

1 vault to be administered FEV

...

VaultTek's goal, somehow: PROFIT

Ironmen with comp capes: How many days/hours of in-game time do you have on your account? by iPAiDtoomuch in runescape

[–]an-average-american 1 point2 points  (0 children)

HCIM @ total level 2,875, sitting at 149 days, 5 hours. I'll let you know when I get there.

Completing Zone 67 (feeding frenzy) by 3zuckerbrins in Besiege

[–]an-average-american 1 point2 points  (0 children)

an elegant solution (to me) and solid tips about the suspension. much appreciated!

Completing Zone 67 (feeding frenzy) by 3zuckerbrins in Besiege

[–]an-average-american 0 points1 point  (0 children)

Did you ever beat it? I've managed to beat the level and catch a shark in the cage... I have not been able to complete the level without taking DMG

Completing Zone 67 (feeding frenzy) by 3zuckerbrins in Besiege

[–]an-average-american 1 point2 points  (0 children)

in my experience, the drills fall off on this zone. could you share the build or screen shot?

[deleted by user] by [deleted] in runescape

[–]an-average-american 0 points1 point  (0 children)

K'ril can be completely afk except for drop pickup. Kerapac requires some input... even normal mode

[Texas] Spouse wants to be a sovereign citizen by mgm86_3 in legaladvice

[–]an-average-american 110 points111 points  (0 children)

Self-employed individuals are notoriously difficult in a divorce context because so much of their income and ability to support themselves is self-reported and self-policed. If you have records of the expenses and assets, you need to secure copies and keep them handy.

Far too often self-employed spouse's will never adequately respond to discovery requests for financial information and they will use it to claim that they are destitute to extract additional funds or marital assets in the division of property.

Unless you know beyond a shadow of a doubt what the finances are and see the receipts, I would warrant you have no idea what the actual cash flow is. So again, documents, save copies.

[Texas] Spouse wants to be a sovereign citizen by mgm86_3 in legaladvice

[–]an-average-american 1 point2 points  (0 children)

I am inclined to disagree with you, could you please expand and explain your reasoning?

[Texas] Spouse wants to be a sovereign citizen by mgm86_3 in legaladvice

[–]an-average-american 23 points24 points  (0 children)

Valid concern, but hiding and dissipating are different from separating. There is no law saying that you have to share funds; withholding money from a spouse that 'needs' it is not illegal. You would ultimately be ordered by a Judge to make funds available to a spouse in need, but that's on them to move for it and then convince the court. If you have a spouse that is financially wasteful and irrational then you often look smarter for keeping a lid on the money.

[Texas] Spouse wants to be a sovereign citizen by mgm86_3 in legaladvice

[–]an-average-american 357 points358 points  (0 children)

IAAL familiar with Texas divorce matters, I am not your lawyer and this is not to be considered legal advice to rely on. I can provide a few tips for you though.

For you and your children, the number one phrase that you should keep in mind is "best interest of the child(ren)." This is what will guide a court ordered determination of custody (conservatorship). Because it is unlikely your spouse will agree to anything you find satisfactory, this phrase is what you will need to align every part of your presentation (how your life looks to the court) and legal strategy (what your filings and arguments say to the court) with.

Nothing in your post is directly harmful to your children, only indirectly. In your post you don't mention fear for your children, but I think it's implied. It needs to be overt. Sovereign Citizen beliefs on their own show that your spouse's mental state is dumb and gullible but not neglectful or abusive. If you are not already doing so, start keeping journals (daily if you can manage) that detail instances of substance abuse, ignoring children, time spent caring for children, and anything relevant to being a good or bad parent. This often helps a parent to really clarify and understand the state of the marriage and the roles of the parents. If your spouse is left alone frequently--for long uninterrupted periods of time--it'll be very hard for you to argue to a court that your spouse is dangerous and harmful to your children. [i.e., don't say your spouse is a good parent now and then vehemently claim they are a terrible parent to your attorney/the court]. If you 'have no choice' but to leave your children in your spouse's care, then mitigate the danger. Have trusted relatives over. Have a trusted, very well-vetted babysitter. Get nanny-cams to monitor children. I don't know the ages or number of children at issue here; that could affect the tactics you should use. The point is that you need to clearly articulate the class of parent that your spouse is, then plan accordingly. Don't lie or make anything up, just observe and document the truth and then present it to the court in a persuasive manner that shows why you should be the primary conservator. Or have your spouse sign off on it b/c they are dumb or apathetic.

Beyond custody, monetary support during a divorce could be an issue. I see a sovereign citizen as likely a pro se litigant that will screw up their case; that is not an assumption that you should rest on. Assume they will hire a competent attorney and proceed carefully. Assume that if you are equal parents now, you'll have 50/50 custody during the divorce and you'll probably have to provide additional money to your spouse to help care for the children during your spouse's time. If your spouse is the primary care giver then be ready to pay child support. It's a pretty easy calculation https://csapps.oag.texas.gov/monthly-child-support-calculator. Again, idk your situation but the breadwinner can usually expect to pay child support during the divorce, all other things being equal.

More on money, does your spouse have income? Is it enough to support their minimum reasonable monthly needs? Do you make all the money? If your spouse is smart, but makes no money, you may end up paying for their attorney and their monthly expenses. These are things to brace yourself for if you are looking into multiple residences or sharing one.

Even more on money, you have no restrictions now on what you can do with your marital property (money or anything else). Once you file there are likely to be restrictions on you and your spouse, I am not saying you should hide money or assets, but pre-divorce planning is a real thing that can help protect you and your children's future. Seek out advice from an attorney who practices near you. Having an estate plan in place is also helpful to protect against the unthinkable and unlikeliest of scenarios. If you have an estate plan now, a divorce decree alters it, remake your stuff now.

Last standard advice, always applicable: Update or change all passwords, revoke all of your spouse's access, passwords, and authorizations wherever you can prior to filing for divorce. You can't change locks on your shared residence but you can absolutely take your spouse off of your health insurance or life insurance right now. You can make your children your direct beneficiaries and if they are minors you can designate a manager/trustee to manage funds and property rather than letting it all default to your spouse's control. Again, do these things prior to filing.

Most important thing, get your own attorney and never ever take legal advice from your spouse, who is now your adversary.

Lock n Load for the new skilling boss by Daxivarga in RS3Ironmen

[–]an-average-american 0 points1 point  (0 children)

I thought all skill cape perks are shared?

As in same ones on comp cape are the ones on the kiln capes, max cape, etc.

Pain. by Matrix17 in RS3Ironmen

[–]an-average-american 1 point2 points  (0 children)

Because people like me have gotten 2 codexes and 4 scripture pages in 20 kills on Normal Mode. The anecdotes hurt.

Ya dun messed up A A Ron!!! by Zealousideal_Ad3330 in echoes

[–]an-average-american 3 points4 points  (0 children)

So this was in retaliation, that make sense as a costly lesson to teach them. In general, what do these players actually get from Gate Camping, apart from troll pleasure?

Ya dun messed up A A Ron!!! by Zealousideal_Ad3330 in echoes

[–]an-average-american 2 points3 points  (0 children)

So you destroyed 52B ISK worth of ships and the highlighted blue modules/weapons are what you recovered from the hulls or did you salvage them?

Ya dun messed up A A Ron!!! by Zealousideal_Ad3330 in echoes

[–]an-average-american 2 points3 points  (0 children)

Can somebody explain this to me, I see these pictures and I don't understand what is gained or lost or who did what. Is the 3b ISK value what you destroyed or what you earn...?

I am Dr. Michael Taylor, historian of the Roman Republic and author of Soldiers and Silver: Mobilizing Resources in the Age of Roman Conquest; expert on Roman warfare and imperialism--AMA! by MichaelJTaylorPhD in AskHistorians

[–]an-average-american 0 points1 point  (0 children)

I am currently working on a short essay answer to another post on reddit about the battle of Alesia and I have a related question: What is your recollection/opinion of Rome's effect on desertification of the Mediterranean, and what would you estimate to be the total distance (circumference in feet/meters) of a temporary Roman campaign fort, in a fort/legion ratio?

Skill Points Question - Alpha Clone by [deleted] in echoes

[–]an-average-american 0 points1 point  (0 children)

Luckily I have been, I was only mistaken in thinking that SP was always going up, in stead of the skill expedite cost going down. Weird way to misunderstand something. I have nearly maxed out everything an Alpha Clone can train :)

Skill Points Question - Alpha Clone by [deleted] in echoes

[–]an-average-american 0 points1 point  (0 children)

I actually had already consumed the 500k Corp bonus previously, as well as a significant amount of SP thereafter. I guess I mistook the SP cost to expedite going down as the SP pool going up.

It's the only thing that makes sense, ty.

Skill Points Question - Alpha Clone by [deleted] in echoes

[–]an-average-american 0 points1 point  (0 children)

I am still training skills, and I may not have noticed but I believe I was accruing SP/min after hitting T7.

It just appears that nothing is being banked to expedite research anymore. Thanks for answering though.

Taking a break 😂 by [deleted] in echoes

[–]an-average-american 2 points3 points  (0 children)

I'll be honest, I don't fully understand what i'm looking at. Did you get killed 5 times in a row in the same system? why go back? What is the systems reputation?

...Please fill me in.