Home > Faq
Coercion is more simply defined as "pressure from someone else." It's a term that comes up with some frequency in cases of divorce, wills and estates, and other family legal matters where one person may pressure another person to do something against their will or against their better judgment. Coercion is also known by another legal term, "undue influence."
Open or Hidden Coercion
Sometimes the coercion is out in the open, and in other cases, the coercion is subtle and hidden. Typical examples of coercion are when one spouse pressures the other to sign documents — often financial, tax, or business documents, but also settlement agreements, child custody or visitation agreements, and other legal documents.
The IRS' Innocent Spouse Rule
In fact, the Internal Revenue Service is so familiar with the rate of coercion that there is a special clause in the Internal Revenue Code to deal with it: the Innocent Spouse Rule [section 434(c)(1)], which protects an innocent wife or husband from being prosecuted for tax fraud, provided that:
1. The couple filed a joint tax return
2. The tax return contains a "grossly erroneous" error
3. The innocent spouse establishes "lack of knowledge," and
4. It is "inequitable" to impose the tax on him or her
A spouse who is requesting protection under this rule has to file a particular form — Tax Form 8857.
In any circumstances, coercion that is confirmed will not be looked on favorably by a court. And, although it is extremely difficult to prevail in a motion to reopen a divorce case, if there is hard evidence of coercion, it may be considered.
Are You Considering Filing For Divorce?
If you need a divorce lawyer to prove coercion, contact us to schedule a private consultation with an experienced family law attorney who will evaluate your situation and provide you with personalized, caring representation.