Two days after missing dad Ryan Borgwardt returned to the United States, his wife is filing for legal separation. "The marriage is irretrievably broken," she says in court papers obtained by Inside Edition. She is also asking for sole custody of their three children. Emily Borgwardt was not present when her husband appeared in a Wisconsin courtroom earlier this week in connection with the drowning hoax. He was released on $500 bail and drove off with his parents.