WOW!
I am so sorry to hear that you are going thru this!
Okay, Okay, I know hindsight is 20/20, but the moment he DID leave the first time, I would have had the locks re-keyed, and had papers served then.
I do not know the details on how you handled everything before. Like, did you take money from the Bank Accounts and open your new account??? I am thinking I remember one comment where it sounded as if your DH was indeed making this kind of thing an issue???
If so, I would be thinking that his 'second coming' is indeed a huge power play!!!! Is this what your Lawyer is telling you?
You can still have separation/divorce papers drawn up.... At that time a judge would have to rule on who leaves the house, right??? I just can NOT see any judge kicking little children out on the street, when you have HARD evidence that was having an affair and actually left you!!!
As a matter of fact: I would be very concerned that you are now setting a PRECEDENT by willingly taking him back in!!!!!!!
At this point, I wouldn't give a darn about how costly the DIVORCE might be.... And, don't fall for the big scare tactics about how it will go on forever, and will cost you everything that you have. YOU HAVE PROOF that he cheated!!!! No judge in their right mind would give your DH a leg-to-stand-on!!!
Do you feel that you can trust your Lawyer? Is he drawing up papers ASAP??? YOU are the client. And, if that is what you want, and he is not forthcoming, then I would be concerned.
HUGS!!!!!!!