In my divorce practice, I’ve come to expect the usual issues—custody battles, financial disclosures, and the occasional argument over who gets the Peloton. But lately, I spend just as much time talking about iCloud access, shared GPS apps, and whether Alexa heard something useful.

The truth is, divorce in California now comes with a digital layer—and it’s not always easy to peel back. Thanks to the California Consumer Privacy Act (CCPA), codified at California Civil Code §§ 1798.100–1798.199.100, and its expansion under the California Privacy Rights Act (CPRA) (which amended and extended the CCPA effective January 1, 2023), people now have strong rights over their personal data. You can request what data a business has collected about you, ask for it to be deleted, and opt out of its sale. CPRA also gives you the right to correct inaccuracies and to restrict how companies use “sensitive personal information,” like precise geolocation or health data.

All of this is great for individual privacy. But in a divorce? It’s complicated.

I’ve had clients try to bring in everything from Nest camera clips to shared calendars to prove a point. And look, I get it—when you’re hurt or frustrated, your instinct is to gather everything. But just because it’s on your phone doesn’t mean it’s automatically usable in court. If you accessed it without permission—or if it involves your kids—there are legal boundaries you can’t cross, even if your ex “deserves it.”

And yes, people are using AI now too. I’ve seen clients run all their old texts through a chatbot to catch inconsistencies or summarize arguments. Some of it is helpful, but the court still expects actual, authenticated evidence—not a digital vibe check.

What’s clear is that the breakup process today isn’t just emotional—it’s technical. We’re not just dividing homes and parenting time. We’re untangling shared logins, navigating cloud storage, and figuring out who has the right to see what.

So if you’re in the middle of a California divorce, my advice is this: before you start combing through your ex’s digital footprint or screen-recording your co-parenting app, pause. Talk to your lawyer. Understand what’s fair game and what’s a privacy violation.

Because in today’s world, how you gather evidence matters just as much as what you find.