It's possible, at least in theory. Whether it's necessary, or worth the effort, would depend on the unique facts of your case.  For reliable advice, you need to discuss this, perhaps in some depth, with a qualified attorney in your area.  One place you can find lawyers is our website, http://attorneypages.comIn most states, divorce cases, like other civil lawsuits, have a period for discovery, when you can request things like cell phone billing records and documents including email.  That sort of thing will run up your legal fees very quickly, though, and it's usually reserved for money issues.  These days, there are almost always other grounds for divorce that you can use, and proving adultery doesn't always make a big difference in the property division, although there are some cases where it might.