Not for nothing, but I get the impression that for the logistics here, you need to consult a lawyer as opposed to Guyspeak.
But I can speak to the larger idea of: loveless marriage or broken home. I am a product of a "broken home" to so speak. And my life was great. I have two mothers that love me and care for me and had a great family life and upbringing. I maintained a very strong and close relationship with all of my parents. I also have a daughter. Her mother and I are no longer together, but we co-parent and are extremely civil and respectful of one another. We are able to talk, laugh, and work together for our daughter's best interest.
A loveless marriage though, that's something that children feel and see. They learn how to love from parents and while you may not see love via husband and wife in a broken home, you do get a lot of love from your parents and hopefully you see happy. Loveless marriages tend to evoke and illustrate non-love. You actively see people who don't love each other and go out of their way to show it at times. I'm not saying its not possible to ensure that your kids dont see it, but it has to be hell on you as a person. And if you aren't happy, that will translate down to your children. At least in my non-expert opinion.
So I'd guess that a "broken home" that's happy is a better situation than a loveless marriage that can feel like a prison.