When one spouse cheats, if the other forgives, then the cheating spouse has been “forgiven” under the law. The legal term for such forgiveness is “condonation.” Condonation is a defense to adultery, so yes, if you forgave her adultery, then any cause of action based on the previous adultery will likely be unsuccessful. Keep in mind though, that if she committed adultery again after she moved back in that her actions could “revive” the past adultery, and thus it could possibly be “used against her.” That’s the best answer I can give you without knowing more facts.
David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
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.