I just read your whole sitch and I really feel for you. My BF is having EA/PA with a coworker and still living at home. It's hard for me but I think the hardest thing would be to hear him say she's "the one" for him. So I've just been a placeholder for 8+ years? Grr.
As to your H's response to the lawyer news, I don't know what to make of that. I tend to fall on the side of "don't believe what they say." In my case, when BF told me he felt we were separated already and that was fine with him, he proceeded to cry (he's usually very unemotional). When I asked him why he was crying, he said it was the thought of me moving to another state and never seeing me again. But he's still involved with OW and nothing has really changed so I don't believe his emotional outburst really meant anything. Just my two cents.
Hang in there!
If you love somebody, set them free. http://tinyurl.com/2empx2g