as a married individual you always have the option of using the married filing separate status. the only problem that will occur is if he already filed a joint return. if he did, and did so the tax laws say he needed your permission.
the following is from a law firm's website
To learn more about what might happen to the spouse who filed a joint return without the consent of a spouse, it is first important to understand how the IRS and the court view non-consensual returns. Following is an overview:
- An individual may not file a joint tax return without the consent of the marital partner.
- Filing a joint tax return without the consent of the marital partner is a crime.
- Similarly, signing your name on the return without your consent is considered forgery, which is also a crime.
- If a joint return was filed without your consent, the IRS will automatically deem the non-consensual joint tax return to be fraudulent.
- If the IRS decides that your spouse filed the joint return intentionally and without your consent, he may face hefty financial penalties.
- In addition, if the IRS decides that your spouse filed the joint return intentionally and without your consent, your spouse may have to go to jail.
- If the non-consensual return is filed during a divorce proceeding, you may be entitled to relief from the family court in Oklahoma City or other courts that is handling your case.
from another website
What Can I Do If My Ex-Spouse Files A Non-Consensual Joint Tax Return?
If you find out that your ex-spouse filed a joint return and never gave you your half of the refund, then you can sue to get your refund in family court. For the most part, getting your half of the return should be easy in court. But you will have to agree to the joint return in court to get your half of the money.
You can also file a report with the IRS saying that your ex-spouse filed a fraudulent return. The problem with filing a report with the IRS is that you may or may not get a response. If you do not get a response, then file your own return as single and the IRS will conduct an audit where you can have the situation resolved.
if your husband already filed you'll have to mail in your return. if you efile first, he will be blocked from efiling a joint return.