Sounds like a good plan Sunny...

You don't need proof. You arne't a district attourney and this isn't a criminal trial.

He's married and he's keeping secrets. That's enough of a problem ALONE even if the phone turns up CLEAN.

The point is that he's keeping secrets rather than participating in the marriage... THAT is your issue, NOT what is on the phone.

If you argue from THAT position, he's already guilty and you already have all the proof you need. You KNOW he's hiding his phone.. THAT is destructive to a marriage...

Lets suppose the phone is empty... He's caused his spouse to have anxious panic attacks for weeks for NO REASON other than the sick pleasure of knowing he's making his partner uncomfortable and slowly unravel into tears.

THAT is the problem... NOT what he's DOING on the phone.