If there are no children involved, then yes. If there are children involved, I suggest you contact a local divorce attorney and file as soon as possible so as to stop her from moving the child(ren) from you. Best of Luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
More information is needed to answer this question. As mentioned earlier, you can stop her from leaving with minor children. If there are no children then I am not sure of your concern? As you are separated, have you already split your personal items and financial accounts? Is there marital property that must be divided? It is always best to file while she is in the state and have the status quo order go into effect before she leaves with marital funds if this is there are any. In any event, she does not have to be in the state to divorce her. There are multiple issues to your question so you should speak to an attorney.
None of the comments made by attorney John Dunigan should be considered legal advice. Further, comments made by attorney John Dunigan do not create an attorney client relationship.
A weekly guide with tips and legal advice for each stage of the process.