Suits for criminal conversation and alienation of affection are extremely expensive and time-consuming, without any guarantee of return. An action for criminal conversation is really a civil action for adultary against the third party. The party bringing the suit for criminal conversation must be able to show 1)a marriage between the spouses and 2) evidence of volunatry sexual relations (adultery) during the course of the marriage; the adultery may have occurred pre or post-separation.
For alienation of affections, you must show 1) a marriage with genuine love and affection 2) that the love and affection between the plaintiff and the spouse were alienated and destroyed and 3)the loss of love and affection was caused by the wrongful and malicious acts fo the defendant. As you and your wife appear to have reconciled, it would be difficult ot demonstrate that the love and affection between you was destroyed by this third person.
I think the main question would be your reasons for pursuing such an action. If you and your wife are together and happy, I’m not sure it would be worth the financial and emotional drain that such a lawsuit would entail.
Good luck to you.
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.