Thank you for your question.
The situation you describe sounds odd. I have more than one client who has requested cell phone records of similar sort, including text messages (they are kept for no more than a year, as I recall), and the records were always gladly and promptly provided to the primary account holder.
The most certain way to obtain the records would be to file a divorce
case, get past the initial disclosures phase, get the discovery and scheduling order in place, and then get a subpoena issued. It could be a rare "for cause" divorce case, stated reason infidelity
, and could then be voluntarily dismissed under an appropriate motion if the evidence proves lacking.
But as a practical matter, taking that two-month minimum approach could for other reasons end the marriage
Less certain would be formally pressuring the cellphone provider to cough up the records. Your phones, your rights, and you have no legal reason to have your privacy protected from yourself. The federal and state privacy and "protected records" statutes, as far as I have ever known, apply only to public records (like the driver's license information), or to disclosure to *others*, or financial records, and do not apply to any sort of privacy "rights" between spouses. Spouses enjoy confidentiality between each other, keeping their marital secrets away from outsiders--but not from each other.
Tactics to do this include going "up the food chain" to a supervisor, asking the person on the phone to specifically cite the federal or state law which prohibits non-subpoena release of an account holder's OWN records to himself/herself, and then following up with confirmation letters after each phone call. One takes notes of the number called, the name(s) of the person(s) spoken to, and what each person said would or could or could not or would not be done as a result of the call.
Further, if there is a citation to some (obscure?) law which the provider really claims requires a subpoena to release such records to the account holder, look them up yourself to make sure they are not mistaken or making it up.