S.B.
Well, some may disagree with me, but you already invested a lot of time in counseling and trying to repair the damage done the first time only to have him continue a relationship with another woman. This isn't the same thing as fighting over how to fold the towels. If I were you, and I'm not, I would get a divorce as well.
My son was just a little baby when I got divorced. Yes, you can find things to be sad about, but, I actually did my son a favor. I got out when he was too little to remember the abusive hell the kids and I suffered at the hands of an out of control tyrant.
My daughter remembers all of it as she is 10 years older and she has zero contact with him. NONE. My son is able to have a relationship with his dad. He knows he still isn't honest, can't control his temper, etc, but he is able to see some of the good in him. And he does love him.
Your daughter might not be happy about the divorce, and no, you can't tell her why you are leaving the marriage. That's why your husband is going to have to man up and take part of the blame as far as leaving her in a position of choosing sides. He knows he's got another woman in his life, he knows it's wrong, but that doesn't make him a bad father. You not wanting to live in a marriage like that doesn't make you a bad mother, either. So, he'll just have to suck it up and help you lessen the blow and not allow your daughter to take her anger out on you about it.
Believe me, when she's older, she would not have wanted you to stay in a marriage with a cheating husband even if it IS her own father and she loves him.
Make sure you have all your financial affairs in order as far as assets, bank accounts, etc, so your husband can't stash the money and consult a divorce attorney.
As abusive as my ex was, my attorney changed my papers at the last minute to legal separation hoping that it would shock my husband enough to quit being so abusive and get help. That didn't work and only prolonged things further. My ex didn't think I was serious and I most certainly was.
He couldn't quit being abusive anymore than your husband will likely give up this other woman. That's just my opinion.
Kids aren't dumb. If you leave your husband and all the sudden he has this other woman he's so familiar with around, your daughter will start putting two and two together.
Regardless of the reason for a divorce, kids still have the right to love both parents. And, kids are not a reason for staying in a bad marriage. My parents didn't divorce until I was 16 and trust me, I my sister and I actually begged them to do it sooner. Staying together for us was something that we were unwilling and helpless participants in. And EVERYBODY was unhappy.
So yes, you do need to think carefully about how to proceed.
California is a no fault divorce state, meaning adultry isn't grounds...not sure about Virginia. Your husband will know why you're leaving him and that's why he is just going to have to step up and not allow you to take the brunt of all this where the kids are concerned. He's made choices. You're making choices. Hopefully you can handle it with as little damage to the kids as possible.
I often think it's sad that I got a divorce when my son was so young, but like I said, he has no memory of us ever being married so this is just the way things are for him. I hate to say it, but there were no good things for him to remember and at least he doesn't remember the really bad things either.
I wish you the best. I really do. This is a tough situation but my kids turned out just fine. I went through some times when my daughter was angry with me for walking away from our beautiful home and all the money my husband made. We definitely downgraded our lifestyle, but there was no more maniac coming through the front door after work and going crazy on us. No more crying, no more hiding in my closet to keep the kids quiet so he wouldn't scream at us.
Sometimes you just know when it's time to go.
Blessings to you.