New York, November 3: Artificial intelligence is increasingly becoming an unexpected adviser in divorce and custody disputes, with people turning to chatbots for legal guidance, relationship advice and even courtroom strategies. However, the growing trend is creating fresh challenges for family lawyers, who say AI-generated legal arguments can sometimes complicate cases rather than help resolve them.
A recent survey of 133 lawyers at US family law firm Cordell & Cordell found that 80 per cent had received correspondence, draft legal documents or strategy suggestions from clients that they believed were generated using AI.
For people going through divorce, chatbots offer an easily accessible source of information. Legal consultations can be expensive, proceedings can take months or years, and clients often need immediate answers during emotionally difficult situations. AI tools provide instant responses, making them an attractive alternative for people who cannot afford frequent legal consultations.
However, lawyers warn that chatbots do not always understand the full circumstances of a dispute. They may provide incorrect interpretations of laws, generate fictional legal references or support a client's version of events without examining evidence from the other side.
One example involved a Georgia-based father who used ChatGPT to understand child custody jurisdiction after his children moved to Montana. Relying on the chatbot's explanation of a six-month residency rule, he challenged the court's jurisdiction. However, the judge explained that the law contained exceptions, including provisions for emergency situations.
In another case, a businessman seeking a reduction in spousal support relied on AI-generated advice suggesting he had a strong legal case. However, financial records presented during the proceedings contradicted his claims. It took nearly two years, two law firms and the involvement of a forensic accountant before a judge tentatively agreed to pause his payments.
Lawyers have also raised concerns about AI-generated court filings. In one custody dispute in Denver, a father repeatedly submitted documents containing legal arguments and references that appeared to be generated by AI. One filing reportedly cited a legal principle that did not exist.
In Florida, a man representing himself in a divorce case submitted at least 145 motions and extensive AI-generated appeal documents. The court eventually directed its clerk to reject further filings unless they were signed by a lawyer.
Growing concerns over privacy and accuracy
Apart from incorrect legal advice, confidentiality is another major concern. Divorce proceedings frequently involve sensitive financial information, private conversations and details about children. Uploading such documents to public AI platforms without understanding their data policies could create privacy risks.
Legal experts stress that AI can help people understand legal terminology, organise documents and prepare questions for lawyers. However, it cannot replace professional legal advice or independently assess the evidence and jurisdiction-specific laws involved in a case.
The growing trend highlights a new challenge for the legal profession: managing clients who increasingly arrive with chatbot-generated legal strategies and expectations.
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