If that's your only option, yes. If you got a family law attorney you can refer the guy to, might not hurt....got the feeling this wont be a long lived marriage.

Is this the same couple you asked about a day earlier:

https://proconnect.intuit.com/community/proseries-tax-discussions/discussion/spouses-have-split-with...

 

Did you work through that wizard I linked to?

Yes, this is the same client.  

The IRS wizard didn't help because it didn't ask or answer the key question which is what to do if spouse is non-responsive.

So I am filing MFS and disregarding her entirely by not even including her in the tax return.  I understand that I have to paper file this one.

Thanks for you help.

I'm filing MFS and not including her.

Then I will paper file it.

Thanks for your help.

You answered elsewhere that you are in Washington, a community property state.  If you want to disregard community property laws and therefore, disregard tax law, you can probably get away with that.  IRS doesn't go down many of those rabbit holes.  But the correct procedure would be to determine when the community was split (this varies from state to state) and then estimate income and withholding for the wife, up until that date.  And of course, share with her what she needs to comply with the law.  (Not that it matters, but are there kids involved?)  

Thanks for your reply.

They live in Washington, thou she currently lives in CA, both community property states, and there is a child involved.

I'm going to recommend my client to talk to his attorney so that he can talk to the other attorney and let everyone involved know what the laws are.

Otherwise, the fall back position is to file his return by paper.

Thanks, C

As for being in a Community Property State, at first glance this appears to apply:

https://www.irs.gov/publications/p555#en_US_202001_publink1000168798