Accessing the text messages of a spouse who is potentially cheating may be illegal. Electronics privacy rights vary by location, so it is advisable to consult a lawyer before attempting to access another person's electronic information, states Beliveau Law Group.
The act of snooping on a spouse's phone that is not shared with the other spouse may constitute an invasion of privacy and can result in a civil suit. Digital forensics can potentially retrieve deleted phone information, but the individual should hold legal ownership of the device to avoid repercussions, according to Lawyers.com. Phone records are only released by carriers in instances of harassment and potential criminal use.