Actions speak louder than words, always. He's going to play you with the "I love you, don't want a D, but we don't get along" crap for as long as he can. The "but" needs to be dropped from that statement and he needs to start putting into ACTION his desire to save the marriage. Talk is cheap. Don't cancel the appointment with the lawyer. It's just a consultation and doesn't mean that you have to file the paperwork right then and there. Simply get the information to protect yourself. You've been in this limbo state for a while. Only you can take yourself out. Stay positive, you're doing great!
When you are happy as an individual, you are in a better position to determine whether a partner enhances your happy life or weighs it down.