Using AI Wisely During Your Family Law Case

By Sally Pretorius and Lauren Harris

Artificial intelligence is everywhere. From drafting emails to planning vacations, AI tools like ChatGPT have become part of everyday life. Unsurprisingly, many people are now turning to AI for help understanding divorce, child custody disputes, and other family law matters.

Used correctly, AI can be a helpful resource. Used incorrectly, it can create confusion, increase legal fees, and even lead people down the wrong path. As family law attorneys, we’ve seen both.

One of the biggest mistakes people make is asking AI broad questions such as, “What should I ask my attorney?” or “How do I win my custody case?” While these questions may generate lengthy responses, the answers are often generic and not tailored to the unique facts of a particular case.

Instead, use AI to ask focused questions. For example, “What financial documents should I gather before meeting with my divorce attorney?” or “What factors do Texas courts consider when determining a parenting schedule?” The more specific the question, the more useful the response is likely to be.

It’s also important to remember that AI is not always correct. AI tools do not think like lawyers, judges, or mental health professionals. They generate answers based on patterns in data, which means they can misunderstand facts, misstate the law, cite outdated information, or confidently provide incorrect answers. Just because an answer sounds authoritative does not mean it is accurate.

Another expensive mistake occurs when clients send pages of AI-generated legal analysis to their attorneys and ask them to verify everything. While attorneys are happy to answer questions and discuss concerns, reviewing and correcting lengthy AI conversations can take significant time and translation cost lots of money to respond to. In many cases, it would be faster and less costly for the attorney to answer the original question directly.

The best use of AI is often as an organizational tool. Clients can use it to create timelines, summarize documents, prepare lists of questions, organize financial information, or start as a beginning point for drafts of communications. These uses can help clients become more informed and prepared without attempting to replace legal advice.

Family law cases are highly fact-specific. The answer to a legal question may depend on details that AI doesn’t know, including local court practices, the assigned judge, the procedural posture of the case, or facts that may not seem important to a non-lawyer. An online tool simply cannot replace the judgment and experience that come from years of practicing family law.

For better or worse, AI is here to stay, and it can be a valuable tool when used thoughtfully. The key is to treat it as a supplement to professional advice, not a substitute for it. Used properly, AI can help you become a more informed and organized client.

When in doubt, remember this simple rule: Ask AI for information, but ask your attorney for advice — verify then rely.