What Happens After You File for Innocent Spouse Relief?

Oct 21 2025 19:00

Filing for Innocent Spouse Relief can feel like a huge weight lifted off your shoulders—but what happens next? Many Seattle taxpayers are surprised by how long the IRS process takes and what outcomes are possible. If you’re wondering what to expect after you submit Form 8857 (Request for Innocent Spouse Relief), here’s a clear breakdown of the timeline and results.

Step 1: The IRS Acknowledges Your Request

Once you file Form 8857, the IRS will send you a notice confirming they received your request. This usually arrives within a few weeks. At this point, your case is officially open, and the IRS will begin its review.

Step 2: The IRS Notifies Your Spouse (or Ex-Spouse)

One of the most surprising parts of the process is that the IRS must contact your current or former spouse. They have the right to provide information or dispute your request. The IRS will not share your personal address or contact details, but they will inform your spouse about the filing.

This step can be stressful, especially for taxpayers dealing with divorce or past abuse. Having a Seattle IRS tax attorney on your side can help protect your interests and communicate with the IRS on your behalf.

Step 3: IRS Review of Your Case

The IRS examines several factors to decide whether you qualify for relief, including:

  • Whether you had knowledge of the understatement of tax

  • Your financial situation

  • Whether it would be unfair to hold you responsible

  • Your marital status (married, separated, or divorced)

The review process is not quick. It often takes six months to a year —sometimes longer—for the IRS to make a decision.

Step 4: Possible Outcomes

After reviewing your request, the IRS will either:

  1. Grant Innocent Spouse Relief – You are no longer responsible for the taxes, interest, or penalties tied to your spouse’s actions.

  2. Deny Relief – The IRS decides you should still be held liable.

  3. Partial Relief – The IRS may grant relief for some of the tax years or amounts, but not all.

If your request is denied, you have the right to appeal the decision within 90 days. This is where an experienced Seattle Innocent Spouse Relief attorney can make a big difference.

Step 5: Collection Activity May Pause

In many cases, the IRS will suspend collection activity while your Innocent Spouse Relief request is pending. This means they may temporarily stop wage garnishments, levies, or other collection actions. However, interest can still accrue during this time, so it’s important to act quickly and have a legal strategy.

Why Work With an IRS Tax Attorney in Seattle?

The process of applying for Innocent Spouse Relief is complex and time-consuming. The IRS often denies applications that are incomplete, late, or lack proper documentation. Working with a local tax attorney gives you a much better chance of success.

At Robert V. Boeshaar, Attorney at Law, LL.M., PLLC, I help Seattle taxpayers navigate IRS disputes every day. If you’ve filed—or are thinking about filing—for Innocent Spouse Relief, I can guide you through the process, handle IRS communications, and fight for the best outcome possible.

Final Thoughts

Filing for Innocent Spouse Relief is just the beginning. The process takes time, involves IRS scrutiny, and can be stressful without the right guidance. Knowing what to expect helps you prepare for the road ahead.

If you’re in Seattle, WA and need help with IRS Innocent Spouse Relief, don’t go through it alone. Contact my office today to schedule a consultation and protect your financial future.