You are mixing legal issues in with tax questions. You should be filing a joint return if you do not work. You can file a joint return even if one spouse has little or no income. However, if your spouse is neglecting to file your returns that could be a problem and if you owe----you will both owe. I would be concerned if he is not filing---as it seems that you are. If he expects that the two of you should receive a refund he would want to file----and get the refund as well as any stimulus payments and child tax credit money you have not yet received. If tax is owed for 2020 or 2021 then penalties and interest began to add up when he missed the filing deadline for 2020.
Not sure of the dynamics between you and your spouse. If it were me, I would take the bull by the horns and say----"Turn over the W-2's and financial stuff to ME, and I will file our tax returns."
Have you received any of the stimulus checks that have been issued? Or child tax credit? You mentioned a four year old. You should be getting a $3600 child tax credit for her. And -----you could conceivably file a "0" separate return for yourself and your child to get that plus the $1400 recovery rebate credit for yourself and your child if you have not received it.
To give you some information for future reference:
What if I do not file my tax return?
https://ttlc.intuit.com/questions/2572308-what-happens-if-i-don-t-file-my-taxes
If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.
Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1350 for each spouse 65 or older) You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.
If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI)
If you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.
https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately
https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states
https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...
https://ttlc.intuit.com/questions/1901549-what-is-an-innocent-spouse-and-how-does-it-differ-from-an-...
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
