Tax time is just around the corner. The IRS offers answers to Frequently Asked Question for Separated or Divorced Spouses and Parents. In addition to learning the rules so that you can plan, you should aslso discuss your tax return details with your attorney because the filing of conflicting tax returns (both parents claiming the same dependent) can invite an audit and hefty penalties. If you are undergoing a divorce and wish to file a joint return with your spouse, it is usually advisable to have both spouses signa a tax indemnification agreement (get it notarized) to protect each other.