Reading your thread, I am not quite sure if you WW is out of the fog or is a good candidate for even thinking about R, which may be why you are leaning towards D.
I did want to pass along what I learned when I spoke to the lawyer about D then R. It is my response to another poster who posted the question awhile back:
Heck no, not stupid because many of us have thought the same thing. After my dday in 2013, I created a thread that was pretty much identical to yours. I, too, wanted to divorce quietly and continue to live together. Because isn't that the natural consequence of an A? At the time, it sounded like good plan, but was a bit of false logic.
Anyway, I even met with a lawyer to talk about my options including this one. I give her credit for being patient with me because I was all over the place! I don't know if you are looking for more emotional support from us, but I wanted to at least pass long what I remembered from our my conversation with a lawyer. Disclaimer: This was just her opinion, so I know others will have different opinions and so forth, but I wanted to share because it helped me think about it beyond my need for emotional detachment. Plus, this was about two years ago, so I don't remember all the details, so bear with me...
- First, doing anything quietly isn't possible in this day and age. Our divorce would be public record and searchable. Our employers, bankers, the kids schools, accountants, and etc would need to know. She felt that if we went this route, that we should plan for it to be public knowledge almost immediately and that it would get back to family, friends, and our kids.
- If we D, we would need to still need to go through the entire process. This includes documenting all financials and coming to an agreement on how things were to be divided. Also, we would need to agree to child support, spousal support, who gets primary custody, and what the visitation schedule would be for the kids. In her opinion, if you are looking to divorce, but continue to live together, you really aren't putting yourself in the best situation because you are NOT REALLY planning for a divorce where you end all relations and become independent of that person, instead you still want to live together as husband and wife, but don't want to be bound to the title of husband or wife.
- Realize there are benefits that you may lose that you aren't aware of at this time. For example, let's say my WH and I agree on all of the above, we are on somewhat good terms and we believe in good faith that we are going to try and work on it. Maybe we get so comfortable that I decide to cut back my hours or become a SAHM. Well, my insurance may not cover me at part-time or I have to get more expensive insurance, therefore, I lose my flexibility because I don't have the option of his insurance anymore. She also mention other items that we can potentially lose out on because of the legalities on being divorced vs married, such as social security, being a beneficiary, wills, and such. I don't remember the details on these, but I remembered thinking that maybe I hadn't thought this all through yet.
- She said I need to think about all the "what if" and worst-case scenarios....what if WS cheats again, what if WS gets abusive, what if it IS a deal breaker after three years, what if WS conceives a OC, etc. Well, in that case you are in a totally different mindset. You may not want your children with WS at the agreed percentage any more, so that you want to change visitation and child support amounts. You may feel that you are entitled to more spousal support because you left or switched jobs due to things going well at the time. Or that your spouse is entitled to less spousal support from you because they got a different job. Unfortunately, you shot yourself in the foot because you already agreed to the terms and the judge will not be sympathetic to hear that you want to revisit the agreement because you found out that the spouse you already divorced cheated or did whatever again.
- From her standpoint, if you are going to D, you need to do it with the intentions you are done with the marriage and no longer wanted to be with, talk to, or live with WS because you shouldn't half-ass a divorce. If I needed to understand what just happened, to take time to figure out what I needed, and ask questions, then I should do a postnup, because that would give me some of the security I was searching for.
- Also, she said I did not have to do anything, because my reasons will still be valid to D whether it is one week from now or three years. SI seems to support this notion as well, that not making a decision IS making a decision.
In the end, we did a basic post-nup that I stated that I would receive spousal support for the length of our marriage and that I would not be on the hook to ever give him spousal support. I think the post-nup process helped to clear away any fog for WH because here we are in a room with two lawyers determining the conditions in case we divorce which was now a very real possibility due to his A.
What I took from the conversation with my lawyer was that (1) I didn't need to make a decision today because D is always on the table (2) if choosing D realize you have one chance to get it right and you need to be laser-focused and not be distracted about a slight possibility that you "may" get back together.
The post-nup process accomplished a lot of what I was looking for and to hammer in the seriousness of the situation. Each state is different, so it may not be an option for you.