They were legally separated when we saw each other. We have not seen each other since he went back to her. We have called and text a total of 26 times in two years. Since his wife has stayed with him how am I in danger of being of her saying I am the cause of their marital problems.
How long did he live separate and apart from his wife before returning to her? Because you continued calling and texting him and flirting with him up until May. Does she know about THOSE calls? He is back with his wife now (per you) and you were still flirting with him (per you). When did he return to his wife and when did you last have sex with him?
§ 52-13. Procedures in causes of action for alienation of affection and criminal conversation
(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.
(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.
(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only.
Cite as N.C. Gen. Stat. § 52-13
Criminal conversation is a crime of strict liability. Read this:
http://www.rosen.com/divorce/divorcearticles/alienation-of-affection-and-criminal-conversation/
If he lied about being separated with the intent to remain separated or you knew he was planning to return to her when you were last with him, you could be found guilty. You might have a defense but that doesn't mean there wouldn't be a lawsuit.
ETA: Believe it or not I am trying to help you. If he wants to play hardball, his wife will file suit against you for A of A/criminal conversation. If he had no plans of remaining PERMANENTLY separated (did you see the separation agreement signed by both of them) from his wife or he and his wife testifies about that, you have issues and will lose if she files before the SOL runs.