First of, I’m sorry.
Great you’ve called the lawyer. Get in ASAP.
Next, read this thread from YHGTBKM get an idea of a few things that may work for you.
http://www.survivinginfidelity.com/forums.asp?tid=604543&AP=1
Of those things, close any joint bank accounts, and remove 50% of proceeds. Take your 50% and put it in a new bank, not just bank account, that only you have access to.
Cancel any joint credit cards you may have, and open up a new one in your name. If you’re a cosignor on a credit card she has, remove your cosignor... do not pay for her.
Talk to your local locksmith and change the locks on your home. If she comes back, she has the right to enter the property but will have to get a locksmith to do so. No use making it easy for her. If you have the money, see if you can rent a place for her to stay for a few months, maybe three, while she obtains a job, and learns to live on her own. Do not let her back in the house to watch the kids. She did this to herself, and now she needs to suffer the consequences, as a grown up.
In the interim, pack all of her crap, preferably in garbage bags, and place it in a publicly accessible area, such as your front porch, her parents/brotherks house, or even pay for a few months storage and place it there. You can always place the key to storage on top of the divorce papers. When packing her crap, make sure to take pictures of what you are removing, and placing into the bags, so that she cannot comeback asking for it later.
Open a safe deposit box and store all your valuables (wills, the evidence of the affair, birth certificates, etc.) there.
Remove her from any car insurance you’re providing. If she drives a car that is in your your, or both of your names, consider selling it. You can even trade it in for a considerably lesser model, if your worried about her watching your kids. If you do get her a new car, only pay for insurance for a minimal amount of time, such as three months.
Change names of any beneficiaries on your personal life insurance policies, accidental death and dismemberment, etc., to your children.
You may, or may not want to turn off her cell phone, if you’re paying for it. If I were in your shoes... I’d wait to gather screen shots of additional use by her to use as leverage in negotiating a settlement.
Discuss extra-jurisdictional adultery with your attorney to determine whether you can can file for adultery based upon the evidence you have, and continue to obtain. While it won’t help with the split of assets and debt, it can help with alimony.
As for the asset and debt split, please consider lowballing the offer out of the gate. Under divorce law, the ceiling on the split will generally be no greater than 50% by law, unless you want to take less of the split. Accordingly, she can take less of the assets, and more of the debt,if she decides to contract her 50% split away. There is a doctor on another board that recently went through a similar situation, and his STBXW signed a lowball offer, such as 25/75, out of the gate, with minimal years of alimony. The doctor on the other board had his wife on her heels. It never hurts to try, and if you do the things to do outline above, you may have her on her heels enough to sign something like this. Be thankful you haven’t been married 20 years, as in most states it turns into permanent, lifetime, alimony at this stage.
Also, make sure your settlement offer has her signing a quitclaim to your house in it, assuming you want to stay there with your kids.
Bite your tongue, and don’t let her know that you know. Time this right so that the locks, car, divorce papers, her crap, credit card bills, etc. all happen on the same day. Preferably do this on the day she gets back in town, and have the process server provide her the divorce papers at the airport, without any means to get home, because you’ve closed the joint bank account, and credit cards, while she was in flight.
Provide a letter along with the divorce papers letting her know that you know she saw her boyfriend. Use a few things you’ve picked up from your surveillance letting her know she cannot bullshit her way out of this, such as the “crossing my balls” comment he texted, or other things you’ve seen on her secondary Twitter or Instagram accounts. Further, in this letter tell her where her stuff can be found, and that she has new apartment to move into along with the key to it. Further, let her know a “new car” is in front of her new apartment, along with a key to it. Let her know that you’ve paid for a few months of rent and car insurance up front, but will not be paying any more than that, as she needs to get a job to support herself. If she texts you, calmly and coolly text back, “Please sign the papers, otherwise all communication between us should go through my attorney, the name is in the divorce papers, unless it is discussing you seeing our children.”
Hope some of these things help. If I can think of anything else, I’ll let you know.
Edited to add: Make sure that a line item in the settlement offer is that she is getting less because she used the kids children’s funds to travel across the world to visit her boyfriend, and you want to top up that account, ASAP. Moreover, once the papers are signed, and any settlement check is cashed, expose snapshots of the secondary Twittter and Instagram accounts, far and wide... plus send some of the more salacious text messages to her family and friends, setting the truth up for the divorce up out of the gate. Waywards have an uncanny ability to rewrite marital history, and blame shift. You control the narrative by letting the truth be known.
[This message edited by Drumstick at 2:04 PM, March 1st (Thursday)]