I've thought of that too starsky, if he really does talk to a L, they will tell him not to leave. I know that mine did. I'll find a way to handle whatever comes. I have to.
You do have one thing going for you that he doesn't, however: you're operating rationally, and free from outside pressures. He could very well have OW pressuring him to NOT be in the same house/bedroom/bed with you (VERY much "script"), and his own guilt is likely pressuring him to get the hell out of there.
It was once said to me that "a wayward immediately loses 30 IQ points when they start having an affair," and I've found that to pretty much be true. He could still end up doing something foolish, legally, despite his atty's advice.
He could still end up doing something foolish, legally, despite his atty's advice.