Artificial intelligence (“AI”) tools are everywhere, including in family law matters. Over the last year, I have found a significant uptick in the number of clients attempting to use AI platforms, such as ChatGPT, to draft documents related to their divorce. While I understand the desire to use these platforms with the hope of saving time, money, or stress during an already difficult time, the use of AI can be limited in these settings.
In fact, when it comes to trying to fully resolve divorce matters involving finances, support, and custody, relying on AI alone can be problematic. Below are a few things you should know if you decide to ask a chatbot for assistance with your divorce.
In Pennsylvania, divorce agreements must meet specific legal standards to be enforceable. Often AI can fall short in making sure an agreement conforms with applicable rules and statutes. Additionally, without reviewing the underlying financial documentation, AI cannot ensure full financial disclosure, or if there has been an appropriate waiver of such disclosure. Additionally, Pennsylvania is an equitable distribution jurisdiction, which means assets and debts are divided equitably, not necessarily equally. AI tools commonly assume equal division and may ignore factors Pennsylvania Courts generally consider, such as length of marriage, income differential, non-marital property owned by either party, and contributions to the marriage.
Certain assets, such as a separate survivor benefit of a pension plan or assets related to a business, might not be evident from the limited financial information that is provided to an AI tool by the user. Therefore, these items may be ignored in AI-drafted agreements or negotiations. This can lead to several problems down the road, including invalidating part of the agreement if the disclosure was incomplete. Or, one party may not know about an asset – or even to ask about it – without seeking the advice of legal counsel. Additionally, tax consequences related to asset or debt division are often missed by AI platforms.
AI custody templates are often too generic and don’t consider things such as school schedules, transportation and extracurricular activities. If the parties do not live close to each other, the practical realities of an AI-generated custody schedule may be entirely impractical. These plans often fail to consider how to handle decision-making if there is a dispute or may be silently entirely as to legal custody matters. Some children have special medical or educational needs that usually are not considered in AI template custody schedules. Therefore, a party might even fail to consider these things absent legal advice.
Specifically, AI can be useful to help clients organize financial information, making lists of questions for an attorney, learning basic divorce terminology and preparing for meetings or negotiations. Using AI for these purposes will help clients save both time and money as the process will be more streamlined when consulting with counsel.
The bottom line is that AI can help you prepare but it cannot help you protect your legal rights. In Pennsylvania, divorce, custody and support agreements can affect your finances, your children, and your stability for years to come. Using AI without professional guidance may save time today, but it can create serious problems tomorrow. The best approach is a balanced one: use technology for organization and efficiency, and rely on experienced counsel for legal advice before making any decisions.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Doylestown Divorce Attorney Hillary co-chairs Obermayer’s Family Law Group. She focuses her practice exclusively in the area of family law, where she handles all phases of the negotiation and litigation of domestic...
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