TLDR: Using AI During Your Divorce
AI can explain general divorce concepts, but its answers may be inaccurate and sharing sensitive information can create privacy risks. A recent federal court ruling highlights that AI conversations may not be protected by attorney-client privilege and could be subject to discovery. Keep case details out of AI chats, communicate with your attorney in your own words, provide original, unedited records and check AI answers with your attorney before acting.
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Once the decision to divorce has been made, many people turn first to ChatGPT. Or Claude. Or Gemini. Before confiding in a close friend or family member, they’re asking artificial intelligence (AI) tools to help them process the news and answer complex questions in seconds.
If you’re tempted to ask a chatbot what to do next in your divorce, there are risks you need to understand. As Bari Weinberger explains in her recent New Jersey Law Journal article, “The ‘Chat’ Attorneys Need to Have with Their Clients About AI,” these tools can expose private information and offer inaccurate advice, creating complications at a time when you’re looking for clarity.
You don’t necessarily have to avoid AI altogether, but you do need to be thoughtful about what you share and how you use the answers you receive. Before you turn to AI for help with your divorce, keep these four commonsense rules in mind.
Using AI during your divorce: Four commonsense rules
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Keep the details of your case out of AI chats
There’s a difference between asking “What is mediation?” and uploading your spouse’s financial records to ask how much support you should ask for in alimony at your next mediation session.
Keep questions general. Do not enter private financial information, details about your children, communications with your attorney or ideas about your legal strategy into a public AI chatbot. If the tool asks follow-up questions about your situation, resist the temptation to provide more information.
As a recent federal court ruling made clear, do not assume that talking to a chatbot offers the same confidentiality protections as talking to your lawyer. A useful rule: If you would not want your spouse to see it or hear it read aloud in a courtroom, do not put it into an AI chat.
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Write your own messages, even if they aren’t polished
When emotions are running high, asking AI to write an email to your attorney or a response to a settlement proposal can feel like a shortcut. But the result may include statements you do not agree with, omit something important or make your position sound different (or be interpreted by your attorney as different) from what you intended.
Your attorney needs to understand what you actually think, want and worry about. A few sentences in your own words are more useful than a polished message that obscures your meaning.
The same caution applies to parenting plans and settlement proposals. Language that sounds reasonable may include commitments you have not fully considered or intended to include. Explain your priorities to your attorney in your own words and work together on wording that reflects your goals.
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Give your attorney original, unedited records
AI can summarize a long text exchange or a stack of bank statements in seconds. That does not mean the summary tells the whole story or is 100% accurate. AI is notorious for “hallucinating” numbers and data and may also draw conclusions that the original documents do not support.
Give your attorney complete, unedited copies of relevant records, including bank statements, emails and text conversations. Do not use AI to rewrite, enhance or alter material you plan to present as evidence.
If you create your own timeline or summary to help organize information, provide the supporting records too. Your attorney needs to be able to check the details and see the full context.
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Check AI answers with your attorney before acting
AI can sound confident even when it gets something wrong. An answer may rely on laws from another state, overlook an important exception or suggest an approach that does not fit your circumstances.
Use general explanations to help you develop questions for your attorney. Do not rely on a chatbot to decide what you are entitled to, predict a custody outcome or tell you whether to accept a settlement.
If an answer sounds promising, bring it to your attorney for discussion. If you are unsure whether a particular use of AI is appropriate, ask before proceeding.
The bottom line? You do not need to have every answer or present your concerns in perfect legal language. Your attorney’s job is to help you understand your options and make informed decisions.
AI may help explain a general concept, but decisions about your divorce deserve guidance grounded in your circumstances. Keep sensitive information private, preserve original records and bring your questions to your legal team. Those simple habits can help you avoid unnecessary complications and stay focused on moving forward.
Real answers when you need them
Have questions about your divorce or what to do next? Contact Weinberger Divorce & Family Law Group to schedule a consultation. Call us today at 888-888-0919. Our attorneys can help you understand your options, protect your interests and move forward with confidence.