While you should ask that question of a Kansas family law attorney, really, Kansas IS a common law marriage State, so if you fulfill the legal test, you probably are married under Kansas law, and must divorce to change that status. Michael V. Fancher Partner at Seattle Divorce Services. If the two of you are living in Kansas, please consult with a Kansas attorney as to the laws in that state.
If you are living in Washington where this question was sent , there is no common law marriage here.
Patricia Christine C. Van Haren. In California, there is no common law marriage. You should check with the laws of Kansas to determine whether a common law marriage exists in Kansas. Glen Edward Ashman Partner at. Answered on Jun 08th, at AM. If you filed taxes together there are only two possibilities: 1 You committed tax fraud with the IRS and both of you will owe penalties and could go to jail, or 2 If you are in a state that recognizes common law marriage Kansas does , you are married and must get a divorce. John E. Kirchner Partner at John E. Not necessarily.
IN RE: the MARRIAGE OF Thomas M. FITZGERALD and Christopher Elaine KING. | FindLaw
There is no such thing as a common law divorce, so if you do have a common law marriage, you have to go through the judicial process to end that marriage. The problem is that there are no simple rules to decide if you do or do not have a common law marriage; it is primarily a question of intent i.
This belief is a very serious mistake, because the IRS penalizes for both not filing and not paying. So, what can you do if you calculate your return only to realize you don't have the money to pay the tax? Many people in this situation believe they shouldn't file if they don't have the money. Again, it would be a big mistake not to pay. But, why? The total penalty for failure to file and pay can eventually add up to Interest, compounded daily, is also charged on any unpaid tax from the due date of the return until the date of payment.
The IRS may file what is known as a substitute return for you. However, as you well know, the IRS will not be looking to save you any money. In fact, a substitute return will not include any of the standard deductions your accountant would typically include in your return. Case in point, a substitute return only allows one exemption: single or married filing separate, so you end up with higher tax liability than if you would have just filed.
The bottom line is, there are numerous reasons to file your tax return even if you cannot pay, including:.
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This bill includes the taxes you owe, plus interest and penalties. Because interest and penalties continue to accrue, you are encouraged to pay your tax bill as soon as possible.
The IRS accepts payment by credit card, electronic funds transfer, check, money order or cash. Your best bet is to always pay as much as you can to reduce the amount of interest and penalties you'll owe.
How Married Filing Separate Works in Texas
Then, immediately call, write or visit the nearest IRS office to explain your situation. Based on your situation, the IRS may offer one of the following resolutions to paying your bill:. You may be able to make monthly payments through an installment agreement. This allows your full payment to be paid in smaller, more manageable amounts. The IRS may give you the option of temporarily delaying the collection of your bill if the IRS determines you cannot pay any of your tax debt.
If you qualify for an Offer in Compromise, the IRS will settle your unpaid tax accounts for less than the full amount of the balance due. This applies to all taxes, interest and penalties. An Offer in Compromise is only considered after all other collection alternatives have been explored. What if you receive a bill that you believe to be incorrect? Make sure to have a copy of your bill handy, along with any records, tax returns, canceled checks, etc.
Taxpayers should file all tax returns that are due, regardless of whether or not full payment can be made with the return. Not paying your taxes will warrant stiff penalties and interest, resulting in an ongoing, and very expensive, relationship with the IRS. For more information, visit the IRS Web site at www. If you need legal advice regarding your tax situation, LegalZoom offers affordable attorney access through the personal legal plan. When you sign up for the LegalZoom legal plan, you will receive unlimited attorney consultations on new legal matters, up to 10 pages of document or contract review, tax advice from tax professionals, and more for a low monthly fee.
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