Going Through a Divorce in NJ? Do Not Sign a Tax Return Until Your Lawyer Reviews It


Steven J. Kaplan, Esq.

Published on April 05, 2014 | 3 minute read

If you are going through a divorce in New Jersey, do not sign a joint tax return until your own divorce lawyer has reviewed it.

This comes up every year around tax season.

A spouse suddenly presents the return and says, “Just sign it.”

Sometimes there is pressure. Sometimes there is urgency. Sometimes this is how finances have always been handled.

But divorce changes everything.

This is not something you should sign casually, blindly, or just to keep the peace.


 

Why Signing a Tax Return Matters More Than You Think

When you sign a joint tax return, you are not just completing paperwork.

You are signing under oath.

Depending on the circumstances, you may also be taking responsibility for:

  • the accuracy of the information in the return
  • any underreported income
  • taxes, interest, or penalties that may come later

In other words, you are putting your name on a financial document that can have consequences well beyond the filing deadline.


 

Why This Is Especially Risky During Divorce

During a divorce, financial trust is often already strained.

You may not know:

  • whether all income has been fully disclosed
  • whether deductions are appropriate
  • whether accounts or assets have been handled properly
  • whether something in that return could later affect your divorce case

Most people are not in a position to evaluate those issues on their own.

And yet this is exactly when they are asked to sign.


 

A Common Situation

One spouse has always handled the finances.

The other spouse is told:

“This is what we’ve always done—just sign it.”

Or:

“We’re running out of time—this has to be filed now.”

That may be true.

But that does not mean you should sign without understanding what you are signing.


 

You Do Not Have to Sign Right Away

If you are not comfortable, you have options.

Depending on your situation, those options may include:

  • asking to review the return in advance
  • having your lawyer or accountant review it
  • filing for an extension
  • considering whether filing separately makes more sense

The right approach depends on your specific facts.

What matters is this:

You do not have to sign just because your spouse asks you to.


 

What You Should Do Instead

Slow the process down.

Get advice from someone who is looking out for you.

Make sure you understand:

  • what is in the return
  • what you are agreeing to
  • how it may affect your divorce

This is not about being difficult. It is about being careful.


 

Bottom Line

If you are going through a divorce in New Jersey, do not sign a tax return just because it is put in front of you.

Take the time to understand it.

Have it reviewed.

Make a decision that protects you—not one made under pressure.


 

Want to Understand What to Do Before You Make a Mistake?

If you are thinking about divorce—or already in the middle of one—the most important decisions often happen early.

If you want a clear, practical understanding of how to approach this process intelligently, YOU CAN START HERE.

 


 

 

Common Questions About Tax Returns During Divorce

Should I sign a joint tax return during divorce?
Not until it has been reviewed by your own lawyer or accountant and you understand what you are signing.

Can signing a tax return cause problems later?
It can, depending on what is in the return and how it relates to your financial situation.

What if my spouse is pressuring me to sign quickly?
Slow things down and get advice before signing anything.

Can I file separately instead?
Sometimes yes, but that decision should be made based on your specific situation with proper advice.