Greetings. If they were living separate and apart and she informed him of her consent to have the separation become permanent…then they were legally separated. She just needs to get copies of the e-mails she sent. When he came home, did she continue to live with him?
If she was legally separated when you started to date, he does not have a claim for alienation of affection. He may have a claim for criminal conversation, which is strictly about having sex with someone’s spouse, but is generally not that lucrative. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.