Get a lawyer and do what you need to do for a subpeona for both the phone and his phone company’s records. Unless he was just typing a text message without sending it the phone company will know. And the phone itself might have useful info on it unless he does the Full Hillary on it and gets a new phone.
Was 2013. Besides we got taken care of financially. Wife is OK and got more for the car than I paid for it (got good deal from dealer originally and they paid me for totaling at the current new market value car was 10 months old )