Thank you for letting me know of the problem with the system. I will let JustAnswer know of the issue! Thank you for taking the time to post your responses again.
The answer is essentially, a maybe
The fact that an employer is the owner of the cellular account, if they are not willing to voluntarily seek the disclosure, from the cellular provider, Verizon, the context of the text messages, then you are stuck convincing a judge that you are entitled to a subpoena for them. This can be an uphill battle unless you have other evidence which will show the court that the text records will in fact show evidence of adultery. More than a simple allegation, or suspicion is needed for this---and you may expect both the employer and Verizon to fight the subpoena.
If you are going to try and accomplish this, you must work very fast. In order to compel a cell phone company to turn over the text messages you are seeking, you must apply to the court for a subpoena to serve on the carrier. In order to get a civil subpoena issued you must have an active lawsuit on file with the court---for example a divorce lawsuit.
I have some experience in this area and you need to know something that the cell carriers will not tell you. That is that while they do keep a record of the text messages---the messages are typically purged from their systems after about 2 weeks---so it will be literally impossible to get the messages from the cell carrier unless you have everything in place to get the subpoena.
Another way to recover the texts is to file for divorce and ask the court to order that the cell phone in question be turned over to your computer forensic expert who can examine the instrument to try and recover the text messages which may have been deleted but which still may be present in the phone weeks or months later. This is often more effective than trying to compel Verizon to turn over text messages.
Either way, without an experienced, and aggressive, family law attorney, representing you, you don;t stand a very good chance of threading your discovery demand through the gauntlet of the privacy protections available to both your spouse, and her employer---I'm sorry.
I wish you the best in 2012.
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