MFS/Injured or Innocent spouse?

[bmr5]

I was married last year. My husband is in the process of filing his last 2 years of taxes. He doesn't know if he will owe or get back. I  want to go ahead and file MFS. If I file  MFS, will I have to file innocent/Injured spouse form? Will my return be delayed since he hasn't filed his prior years return, or will I go ahead and receive my refund?

[MichaelL1 · Accepted solution]

You can go ahead and file MFS and your return will be processed.  

As long as you did not file as MFJ and had a tax liability then your refund is safe.

If you do file as MFJ then you need to do the injured spouse form.