You can't force him to leave the marital home or stop communicating with the other person . You can request exclusive use of the marital home in your petition for divorce ( it'll be up to the judge ) . Marital misconduct covers much behavior including : The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw .
I'd agree with your position .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov