I don't know what to tell you about the legal stuff--maybe the vets can chime in here--especially since I do not have kids, but whatever you do, you cannot let fear of not reconciling guide your actions.
Seriously, if you wife is planning on living with another man, then reconcilliation should be the furthest thing from your mind right now.
M-47,W-40,No kids D-filed 5/27/2010 Piecing - 10/21/2010 -=Soon to be banned=-