I wouldn't go ahead with this plan. I would use it, like someone said above, when you are ready to end the marriage. All I can see coming out of you taking OM to court is your W feeling like she is forced to break this off......do you really want her to come back to you because she feels like she 'has to'? I guarantee it won't make her love you any more....it will probably do the opposite.
Me: 46 FWS: 36 Married and Divorced 4/07, Pregnant 7/07,False R 7/07 Baby Girl born 3/08 Kicked him out because OW: 7/08 5/10 He realized what he had and lost. Moved home! REMARRIED 3/14/11!!