My husband divorced in October 2017 and was ordered to file jointly with his now ex-wife. We got married in December of 2017, so I am wondering how I should file my taxes

[DoninGA]

If your husband is not legally married to his former wife, then no judge can order him to file a joint return with the ex-wife.  If you are legally married to him then you should file as Married Filing Jointly.  The ex-wife, if not remarried, would file as Single.

[Hal_Al]

DoninGA is correct, it would be a fraudulent return for him to file as MFJ with his ex. Was that an actual judges's order or just an agreement to do so? It's preposterous.

[newscream0226]

I actually don’t see it on the divorce decree now that I look at it. It might’ve just been something that was said in court Would he get in trouble for filing MFJ with his ex?

[Opus 17]

Yes, that's illegal. Especially if he should have filed MFJ with you.

[DoninGA]

Would he get in trouble for filing MFJ with his ex?- YES, that would be filing a fraudulent tax return and committing perjury

[newscream0226]

Thanks for the help, guys!

[irmalq4]

OUR DIVORCE WAS FINAL ON NOV. 14, 2017.  WE WERE BOTH SINGLE ON 12/2017 UNTIL TODAY.

WE ARE FILING JOINTLY BECAUSE WE WERE MARRIED 2016 AND 2017 UP TO NOV. 2017.  HIS ACCOUNTANT IS DOING THE EXTENSION REQUEST.  DO I NEED TO ASK AN EXTENSION MYSELF.

[irmalq4]

Our Divorce was final on 11/2017. We have been single since then to present.  We are filing taxes together for 2017, and ex-husband requested an extension.  Do I need to request an extension as well or does his cover me?

[Hal_Al]

Yes his extension covers you. If your extension is for a joint return and you end up actually filing separately, the extension is still valid. It's not as clear whether it is valid if you end up filing single.   If you  end up owing money, you might have a problem.  if you  think you will owe, you should file your own extension.

[Opus 17]

If you are unmarried on 12/31/17 you CAN'T file jointly even though you were married for most of the year.  You file separately as single, or as head of household if you have a qualifying person and meet the other conditions.  In that case, each taxpayer needs a separate extension and will eventually file separate returns.

[Opus 17]

If you are legally married as of Dec 31, 2017, then his choices are to file MFS listing you as spouse (not the ex), or file MFJ with you.  Joint filing almost always results in lower taxes.  The ex will file as single, or as head of household if she can claim a qualifying person, usually a child dependent.  (She does not file as MFS.)

[newscream0226]

I actually just saw on the decree that he is ordered to file jointly with her, but the judge also doesn’t know that he is now married to someone else, so it’s hard to figure out what to do. If we file MFJ, then he has to deal with the being held in contempt possibly.

[Opus 17]

A judge can never issue a legally binding order to do something illegal.  Even if your spouse was not remarried, the order would be unenforceable.  Unfortunately, neither your husband's attorney nor the judge seems to have been particularly well educated on tax matters.  You might want to consult your husband's attorney, and if you are really concerned, contact a tax attorney to write a letter supporting this position and pointing out to the ex's attorney that illegal orders are unenforceable.