Deb - it is hard to offer any advice here. He hasn't shown he can be trusted, and he was lying to you the last time when he kept saying that everything was okay, and that it was over.
At the same time, you don't want to be too reactive. I think it's good that you are talking to the lawyer and such, THAT is a better outlet (making sure you are covered if you need it) than taking anything out on your husband.
I would doubt that he'd give the same excuse as well, though who knows? He did it before. He should understand that after a couple of years of an affair - and many, many lies - that he'll need to earn your trust.
