Legal Question in Family Law in California

I'm not sure I'm understanding your question. First, if you do not want a divorce why do you want to know what they were saying? Second, even if you want a divorce, California is a no-fault divorce state so one party having an affair is irrelevant for purposes of a dissolution and/or for purposes of child custody, unless she or the person she is with present a danger to the child.

However, If both phones are under your name then you should not have any problem getting the information you're seeking. I don't know if any carrier actually supplies or gives out transcripts of text messages but if they do and both devices are in your name, it seems as though you should be able to get the information. My client's transcribe the information or when funds allow for it we send the phone to a court reporter to be transcribed. We use the client's phone since it will have both sides of the messages. However, if the carrier is telling you that you need a court order to get the transcripts something else is going on. If the phone is in your wife's name I don't think you'll get them. If you could get them, the only way would be to start some sort of legal proceeding, such as a dissolution and then use the discovery process to subpoena the records. However, since infidelity would be irrelevant then why would the court grant you an order to get the messages. Perhaps you might re-think what you're trying to accomplish. If she is cheating was what she was actually saying really important? If your marriage has a chance and both of you are willing to work on it, then proceed in the direction of fixing the problems that caused her to seek out a new relationship. If not, you have all the information you already need. Good luck

I agree with above and would add; "Be careful what you do." The days are long since over when wronged spouses can follow, tap phones etc. It is now called stalking and can lead to a Domestic Violence Restraining Order. Getting such an order against you in a divorce, aside from all the other bad consequences, will be very detrimental to whatever desire you have for custody of your child and may preclude you from receiving spousal support should you need it.