Use of AI tools has skyrocketed in the last 12 months, after a slower build up over the past few years. Some people are using AI unknowingly, getting quick information from Google’s AI overview. More and more people are leaning into tools like AI to answer questions and solve problems.
AI tools have revolutionised the way we think and work. They are fast, efficient and available 24/7. It can be very tempting to see them as a cost and time-effective solution to divorce administration and even use them in the place of a legal professional. However, this is where AI falls down and using it for your family law case can present far more obstacles than it can solutions.
Does AI know family law?
AI works by predicting what words are most likely to follow on another based on information it was trained on. The more it is used, the more ‘knowledge’ it gains. However, this information may only be partially complete, out of date or completely made up, as it collects data from across the internet – including sources that are not accurate.
AI may know some aspects of family law, based on articles, cases, and news stories online. However, it cannot apply them in the way you need for your unique case, where a family lawyer can. And its knowledge is not always accurate, or consistent.
- “Hallucinations” – AI can produce very convincing, but completely invented, legal information, including cases, law and events
- Out-of-date law – Family law changes regularly as new case law is developed, and progress is made in line with changes in societies; there is no guarantee that AI tools are aware of this
- Impersonal – Your family law matter is unique to you, but AI applies what it ‘knows’ to a general circumstance, and cannot take your personal case into account or work with the nuances of your family
- Built-in bias – Information given is based on real-world data, but this can be unintentionally (or, indeed, intentionally) biased by the source and you may get inappropriate, unfair or insensitive responses to what can be very delicate questions.
Can I use AI to help with my divorce?
There are lots of ways you can use AI to support with your divorce, or other family law matter. However, it’s hugely important to remember that it is not a replacement for professional legal advice, financial advice or emotional support, and there is no guarantee on accuracy or relevance.
The most sensible ways to use AI tools, such as ChatGPT, are to help you draft, or refine, everyday letters or emails. This should not include legal documents, like witness statements, but can be helpful for emails to your solicitor, or even phrasing communications with your ex.
AI can also be useful for creating schedules and timelines to help you stay on track. Divorce has key time stamps, and you may have deadlines to meet. Creating a planner or calendar for this can ease some of the pressure on an already very full mind.
If you are searching for general resources, AI tools can collate these together quickly for you. For example, you might be searching for divorce coaches or counsellors in your area.
When should I not use AI in divorce?
Divorce and other family law proceedings are deeply personal, and tend to involve large amounts of sensitive data, including information about yourself, your children and your finances. This information may not stay private as free AI tools keep and reuse what you put into them to train and improve their systems. A family lawyer has an ethical responsibility to keep your information private and only use it for the right purposes – AI does not have this.
AI should not be used as a replacement for any kind of professional advice, whether legal, financial or medical. It cannot replace the experience, knowledge and ethical responsibility of a qualified professional.
It should not be used for drafting statements or supporting with legal documentation as it can easily slip made up law or cases into arguments. This can quickly cause issues for your case and will often result in you spending more money as a lawyer will need to amend or rewrite what AI has produced.
AI tools cannot review legal information or translate if your first language is not English. The meaning can be dramatically changed. If you are struggling to understand your lawyer, you should inform them as soon as possible. They can break the information down into more accessible chunks or get a professional translator in for support.
It may be appealing as a cost-saving exercise, but ultimately using AI to draft legal documents, pose legal questions or replace your lawyer can end up being more costly, financially, timewise and emotionally.
AI Checklist
Dos
- Create a planner or schedule to help you stay on track throughout your case
- Gather resources and links for local emotional support
- Draft everyday emails, or communications with your ex
Don’ts
- Don’t draft legal documents using AI
- Don’t ask AI for legal advice
- Don’t use it as a replacement for a lawyer, financial adviser or divorce coach
- Don’t upload private or sensitive data, like your financial information
