Sol, he has a history of being manupalative...just like STBXW. I don't think they realize they do it but they just are that way. If I were to give you my guess I would say he probably does miss you for short instances. However, because the court date is coming up once again he's trying to start a dialogue and trying to portray that he's up at 2am thinking about you which is BS. He's probably up anyway and decides it's a good time to send that text.
CTH asked a good question i.e. what do you want to happen? Personally I think it's too little too late for him and if there's anything that might happen should happen after the D and depending on how the D goes.
I don't think there's a reason to respond to his text unless you just want to say "I am happy, happier than I've been for quite some time. However, I've asked you to not text me- to me words are cheap"
Me: 35|WAW: 38|D: 6yo | http://tinyurl.com/2dxx7m6 Feb 2006, left, came back in two weeks Aug 2006, left again Apr 2007, filed for divorce Dec 2007, reunited Mar 2010, moved out, filed again