However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were married in), but the house is being built in a different county. Would that affect anything? Is there a way to get through this amicably without causing much harm to our children? He refuses to stop communicating with his affair partner yet does not want to get a divorce. I need legal help about five months ago!! I am a stay at home mom and he controls 'our' finances and basically our entire life. PLEASE HELP!!
The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you and your husband, and whether the two of you would be able to compromise enough to get a deal done.
Your best bet, given the relative complexity of your situation, is to sit down with an experienced divorce attorney, who can look through your situation in detail and give you guidance from there. I hope that helps.