if your  divorce attorney is still working on the case, notify them.

the attorney for your tax return may file on your behalf form 8857 - innocent spouse relief or may delay filing.  because the form is a red flag for the iRS to audit the returns (you info would also be audited).  it's possible, if the form is not filed, your returns that contain the fraudulent deductions may never be audited.   audits in cases like these are time consuming and expensive so follow your attorney's advice.