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You need to call the IRS and tell them you didn't sign the 2008 return, it was filed without your knowledge; you weren't required to file a return in 2008 as you had no income & make sure you get the IRS' employees name (they use fake name but it doesn't matter), their badge number, their location, & the date & time you called. You should ask them to make a note on your file that you called to inform them of this situation & then you need to follow-up with a letter confirming the conversation, giving the date of your divorce, (it doesn't matter if it was after the joint return was filed) and requesting that you be removed from your ex-husbands account.
Initially, the employee may ask you to fill out an "innocent spouse" request or statement, but that isn't appropriate in the circumstances because you didn't file a joint return with husband (even though they think you did).
There's really nothing else you can do to get the ball rolling. Of course, they aren't going to be too happy with your ex-husband, if that matters to you. He probably won't get in too much trouble (except owing additional tax) since the IRS is usually pretty lenient, what it comes to divorce.
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ok did all this Thank you and they are sending me copies of the 2008 return and I will go from there to the lady that filed them for him or whatever the case is