I have filed for a legal separation, and it is now contested. Can I file the divorce papers, or can he?

The Petitioner is the first individual to institute the lawsuit, or file the Petition for Dissolution of Marriage. The Respondent is the individual that is served with a Petition for Dissolution of Marriage. During the entire life of the case, the Petitioner will remain the Petitioner as will the Respondent remain the Respondent. Even when the Respondent files an Answer and Counterpetition, he or she remain the Respondent for the entire life of the case.

As for signing divorce papers, both Petitioner and Respondent will need to sign any agreement that is reached, whether it be a Marital Settlement Agreement or Mediation Agreement.