Good planning on your part re: taxes. When I was working on my pre-nup with the attorney who represented me, he told me that once a M'ed couple files taxes jointly, they cannot file separately if they are still M'ed. Don't know if that is/was a federal regulation or state only, but suspect it is federal since he didn't make a distinction.
You can probably get the answer to that question pretty easily without having to pay a L or an accountant. The IRS must state that on a website somewhere or maybe someone in your local government can tell you the answer.
Knowledge is power, so regardless of the answer you will be able to be on top of the situation.
Interesting that you haven't been served yet. In my situation, my XH threatened to have me served 2 months before he actually did. My XH isn't one to make empty threats either so I know that he meant it when he said it originally. I just think it was a hard thing for him to do.
