Based on what has happened, do I have grounds for pursuing criminal conversation/alienation of affection against this man who destroyed our marriage?
In recent years in North Carolina (where I practice), the law changed to limit criminal conversational/alienation of affections claims.
The current statute relevant to alienation of affection and criminal conversation claims states, in pertinent part, that if the alleged act of the party was committed after the parties physically separated and the parties intend on living separate and apart, there is no cause of action.
However, if you are able to establish that your spouse voluntary engaged in sexual relations with the ex-boyfriend during the marriage, and that the ex-boyfriend “wrongfully and maliciously” destroyed a loving relationship between you and your wife, there could be a potential claim for damages against the ex-boyfriend.
You should consult with an attorney in your jurisdiction as the information I have provided is only general in nature. Cordell & Cordell represents men in divorce nationwide.