You can file whatever you'd like. The question is whether you have a valid claim. Even if you have a valid claim for divorce from bed and board, most family law attorneys will tell you that the claim is fairly pointless to litigate. It doesn't get you divorced, it doesn't get you money, it's essentially just a way to air dirty laundry.
The more important claims related to separation are equitable distribution of property, post separation support, alimony, custody, child support, and absolute divorce. Each of these have different procedural, factual, and timing requirements. Consult with a local family law attorney to discuss each and determine which you should pursue.
If you get served with a complaint in the meantime, consult with an attorney ASAP because you only have 30 days from the day you are served to file a response to the complaint.
You can check the court house immediately by party name to see if there is a lawsuit against you, even if not served yet. You can even do this by phone to save a trip.
Also, if he already filed, why would you also file? Just keep everything in the same lawsuit and get with an attorney ASAP to be working on your defenses and counterclaims to his lawsuit. Including many other more important and viable claims such as alimony, property division, custody and child support (if relevant), etc.
The responses contained herein do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. The responses may or may not apply to you and should not be relied upon as ACTUAL legal advice. Rather, what is being provided here is legal information that would be best followed through on with a consult with an attorney after learning more about your specific facts, needs, legal issues, and goals.
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