HINHF
I hope you stick around, even if the advice isn’t what you hoped for. I get it that you will get conflicting advice, and some might believe that the best way to get their well-intended message across with the digital-equivalent of a drill-down. Keep three things in mind though:
For one, it’s (probably) well intended – even if rough.
Second: Even if it hurts to read, there might be some truth in it.
Third: What I often do is read the persons recent posts. If they have an agenda, then at least I know that agenda and can read their contribution with that in mind.
I can’t tell you if you should D or R, but I will strongly suggest you move on before your sink too deep in your present pot of marital-misery. To help you possibly do that then consider the following:
Deal with your situation from a position of truth and reality.
It’s too common IMHO that people deal with their reality based on fear, wishful thinking or fantasy and I fear you are doing that...
Like your reasons for not having filed and that you want for a top-level attorney...
Are those true reasons or are they excuses?
Not saying you should have filed – but rather... don’t hide behind something you think you can’t do when in fact you could have done both or either.
It’s like saying you would go on a diet, only if you didn’t get so hungry.
Honestly – Really evaluate the following and use truths and logic rather than unbased assumptions:
What is divorce like in your state? Frankly – I think that for the "average" Jack and Jill the difference in the result would probably not vary more than +/- 10% between states. Of course, if you have a complex marital-estate (think stocks, trust-funds, companies etc) it might get harder, but I’m guessing ANY semi-competent attorney in your area can give you a 90% accurate guestimate on the final outcome – irrespective of if he’s the "best" or just Joe Law who does divorce in his office at the nearby strip-mall. Hanging on for that "top attorney" might be like wanting the Rolls Royce dealership to fix your Ford.
You might not think it fair she gets part of your pension or whatever... but even the divorce-counterpart of Matlock won’t get you an exception from whatever your state-laws say.
The excuse of the finances and all that... What has happened in the last years to make the finances any better or clearer for divorce? If you divorce, it will make some life-changes to you and your then-ex-wife, but people do divorce and make it fine. Are you sure you are not using this as an excuse?
Then the clause in the what-sounds-like-an-agreed-upon divorce settlement that the AP isn’t allowed near the kids... Is that really enforceable? It generally isn’t – not unless the protection order prevents him from being around, but that’s the protection order and not a clause in the divorce. Once again – I’m asking you to deal with reality rather than fear, wishful thinking or fantasy.
Why are you working 12 hours? Could it be to support a more expensive lifestyle than if you were single with your kids half the time? If you had custody every second week – could you pull off 6x12 hour every-other week and then trim to a healthier 8-hour week when the kids are with you? I actually manage a guy that does that – when he has the kids he sometimes only does 4 hour days, but he more-than makes up for it when alone.
Today – are you spending half your time with the kids? Granted 12 hours is half the day so I guess you are home 12 hours, but do you spend ALL that time with the kids?
What age are they? Do they need 24/7 overseeing or is the really important part of being with your kids really "BEING" with them when you are with them. As in sitting down for dinner and talking, or are you coming home or in the home-office til late in the evening and gone before they go to school?
Be honest to yourself – what are real reasons and what are excuses for inaction?
Please don’t read the above as a suggestion that you do divorce.
I have a strong belief in redemption – that most people can change and make amends. I have no reason to believe that your wife can’t make the changes needed to become the wife you want. But I don’t really think you want a marriage that is based on some limbo imposed by potential threats and fears.
But I have an equally strong belief in that our happiness is in our own hands, and that if our partner can’t offer what we need... we are a lot better off seeking it elsewhere. Of course, by first leaving what is causing us unhappiness.
I would suggest the following:
Let your wife know of your uncertainty. How uncertain you are that divorce is your correct (YOUR – not her or the marriage – YOU) course, but that you are willing to go there rather than remain in this present limbo.
Ask her what she wants. Ask her how she envisions divorce. Does it line up with the REALITY you should have gotten by now.
Based on that the two of you might be able to formulate a plan to move on. That "move on" could be to find an amicable and acceptable way to divorce or separate, or it could be a plan to reestablish a marriage. Either way would be IMHO a lot better than the quagmire I fear you might be getting used to and comfortable in.
Finally – about "protecting" your kids...
Keep in mind that your kids will probably base their future relationships on what they see modeled before them.