Greetings. First, people who condone affairs don’t hire PIs, so just ignore her stupid statements and STOP talking to her without your attorney.
Now, for your questions:
Possibly. Sex is not condonation though. Condonation is forgiveness which is evidenced by a resumption of the marital relationship - living together, sharing expenses and chores, trips together, and yes, sex. Isolated incidents of sex do not automatically presume condonnation. You should not do it though…mainly because of AIDS and other sexually transmitted diseases.
Not that hard with the evidence that you have, if you can also prove that you and your wife had a loving relationship prior to the affair starting. The main reason people don’t file these cases is because of the cost - they are cost prohibitive. 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.