The IRS does not require that you get a divorce in order to assert an innocent spouse defense. However, if you are truly an Oklahoma innocent spouse, and you are still happily married, then you should expect extra scrutiny from the IRS.
The IRS may be suspicious. The officials assigned to your case may wonder how a happily married couple, who presumably communicates well, could honestly file a joint tax return where one of the spouses was oblivious to a significant error. It will likely be harder for you to prove that you were innocent, and the IRS may fight harder to prove that you should be held liable with your loving spouse.
Of course, your decision about whether or not to stay married is dependent on many factors. You may consider your religious beliefs, your children, your happiness, and other factors in addition to the fact that your spouse cheated on your taxes. It can be a complicated and painful decision.
Thus, if you were truly innocent at the time your spouse cheated on your taxes, then we encourage you to consult with an experienced Norman tax attorney today at 800-721-7054 for more information. We also invite you to read our FREE book, The Ultimate Survival Guide for IRS Problems, to learn more.