Are you sure you want to file? I think you are just upset right now.
You do need to stop provoking your H.
You two just go at it back and forth back and forth. Even if he did leave the OW now, what kind of marriage will you have? How will you sucessfully restore it?
I want your marriage to work for you. I think since he has not moved out, it is a good sign. If he really wanted out, he would have moved out no matter what.
I think he came back home because he is starting to feel guilty. But I think you may continue to make him feel guilty over and over. That is not good, he will give up. I had to stop myself as well. I kept reminding my H of his stupid text messages with a coworker. He says it stopped. I believe him. I can not keep reminding him of his faults. I have to show that I can forgive him.
You do not want to be back in this situation in a few years.
DO you pray? There is a good book I picked up. It is written below. It made me feel at peace. I think you could use it in your sitch as well.
Chicki I think you have more influence over your H than you think.