Legal Standing of Cyber Evidence in Divorce Proceedings Not all digital evidence is treated the same. Courts may accept text messages as evidence when they are relevant, authentic, and lawfully obtained. Similarly, email evidence in divorce can help clarify communication history or intent. However, judges assess whether digital evidence in divorce respects privacy laws. Illegally accessed information may be excluded regardless of its content. This is where experienced legal direction matters. A knowledgeable divorce attorney at Tacoma, residents rely on can help determine what is appropriate to preserve and what could create legal risk.