I am separated since last November and we finalized a separation agreement in early April. I never wanted the separation and divorce and tried very hard to reconcile, seek therapy, etc. He moved out fully intending to divorce although he did agree to and attend a few therapy sessions. That ended in January at which time he declared he was done, wanted to proceed with divorce. I found out in July that my husband had a relationship after the separation starting at least in April, if not earlier. I know she moved in with him in February although that was supposedly innocent at the time (a friend who recently broke up and needed a place to stay short-term) and the relationship developed later. To my knowledge, there was no relationship prior to separation although I had definitely recognized he was pulling away and detaching from me prior to that. Does AOA or CC apply at all in my case if I believe it was not happening before or have no proof?
I’m confused because on one hand, your website mentions in the article Sex after separation : Under the North Carolina criminal statues, having sex after separation, with someone other than your spouse, constitutes the crime of adultery. (North Carolina General Statutes §14 – 184). This specifically calls out “After Separation”. But in the article Alienation of Affection and Criminal Conversation, it calls out "Conduct After Date of Separation " and says it could be the basis for an AOA or CC claim if the couple is attempting to reconcile or does not intend the separation to be permanent but that it can not be the sole basis for an AOA or CC claim if the couple did not intend to reconcile. What happens when I wanted to reconcile and was waiting for him to “heal” and “figure things out” but he has always indicated he did not want to reconcile?