To prove adultery via circumstantial evidence, one must show that the adulterous spouse had both the “disposition” to commit adultery and the “opportunity” to do so. Evidence of “disposition” includes photographs of the adulterous spouse and the other man or woman kissing or engaging in other acts of affection.

Can deleted texts be subpoenaed?

Text message records must be obtained from a partys cell phone provider. An attorney can obtain a court order or subpoena to get the records directly from the service provider. The only possible way to recover lost or deleted text messages by hiring a forensic investigator to inspect the phone.