Considerations for Using Artificial Intelligence Tools in Your Divorce Case

Is an AI Tool Enough for Your Divorce/Custody Research?

Why Do AI Tools Provide Contradictory Legal Advice?

An increasing number of litigants are also using software like ChatGPT to assist with writing and editing documents to submit in their court cases. Artificial intelligence apps are often hailed as a shortcut for professional and persuasive writing, and at first glance it may seem like a no-brainer to use them in your family law case. These tools, used appropriately, may be helpful but they can also create pitfalls for litigants who are unfamiliar with the legal system. When used as a substitute for legal advice, users may be lulled into a false sense of security because they are provided with information or written work-product that sounds official and polished but may not be accurate or beneficial for their case.

AI-generated summaries of search results often include contradictory information that, if not read carefully, can lead users astray.

For example, if you enter the phrase “is using AI good for legal case” into the Google search bar, you’ll get the following answer:

Note that in the first search, the bolded words indicate that using AI is “highly beneficial for efficiency and research support” but in the second search, the bolded words indicate that using AI can be “detrimental and is highly discouraged.”

While both summaries when read in full conclude that there are pros and cons of using AI in a legal case, the first sentences readers see in the respective results take opposite stances.

Can ChatGPT Correctly Identify Local Court Rules in Clark County?

Another risk facing users is that these tools are not currently able to consistently, accurately, and specifically tailor the information to the jurisdiction or court in which your case is unfolding. For example, searching the question “how many pages can a declaration be in Clark County WA” yields the following summary containing two errors [1]:

[1] Initial declarations in family law motions are limited to 6 pages whereas reply declarations are limited to 3 pages. Clark County Superior Court Local Rule 4.1(d)(8)(b) (2025).

Each county court has local rules that, if not followed, can have consequences for your case ranging from having your documents rejected by the court to having to pay a penalty for not following the rule. Relying on AI-generated answers or AI-drafted documents without appropriate vetting may result in costly legal mistakes.

What Are the Legal Risks of Submitting AI-Generated Documents?

It is not only litigants who are at risk of being misled – practitioners have been sanctioned for failing to verify AI-generated information in nearly all states (California [2], New York[3]) and at the federal level[4]. Artificial intelligence will continue to impact the legal system and as it develops, we will need to adapt as well. Some states have already begun to revise or clarify their guidelines to address the integration of artificial intelligence into legal practice.[5]

[2] Noland v. Land of the Free, L.P., 2025 WL 2629868 (Cal. Ct. App. 2025).
[3] Mata v. Avianca, Inc., No. 1:2022cv01461 – Document 54 (S.D.N.Y. 2023).
[4] Debra Cassens Weiss, No. 42 law firm by head count sanctioned over fake case citations generated by AI, ABA Journal, Feb. 10, 2025.
[5] The Professional Ethics Committee for the State Bar of Texas, Opinion 705 (February 2025); California Rules of Court, Standard 10.80 (2025).

Can I Use AI Tools Safely in My Family Law Case?

• Artificial intelligence search models are designed to give you a straightforward (often yes or no) answer, but very few legal issues have one single, clear answer.
• It’s a starting point, not an ending point. Always read the full articles referenced in the summaries and try to review multiple sources to confirm the information. Be aware that these tools regularly hallucinate legal authority.
• Artificial intelligence algorithms are designed to give you the answer you’re seeking and can create a confirmation bias loop. Try phrasing your question a few different ways to see how the answer changes.
• Narrow, specific searches (e.g. “what is the best-interests standard,” or “tips for public speaking”) are more likely to lead you in the right direction than broad, overarching questions (“can I get custody if…” or “how to convince a judge…”).
• Review AI-drafted documents carefully for errors and revise thoroughly to make sure you are providing clear, detailed examples to support your position. ChatGPT’s writing style tends to use broad, summarizing statements that are more suitable for academic essays than legal documents.
• Be cautious about uploading sensitive personal data such as dates of birth, addresses, account numbers, etc. when using artificial intelligence tools. Review the privacy policy of any program you use and be aware that your ChatGPT log could become part of a court record.
• If you are working with an attorney, ask them whether they use artificial intelligence in their practice and how it might be used in your case.

Should You Choose a Clark County Attorney Over an Algorithm?

There may come a day when artificial intelligence tools become a staple in the practice of law the same way that other research and drafting software has been adopted across the industry. However, at present, the AI tools available are not a replacement for qualified legal advice specific to your situation. Family law lawyers in Clark County have read thousands of pages of statutes, case law, and other materials in developing their expertise and participate in ongoing training to stay informed about new developments in the law. If you have questions about your family law case, contact us to schedule a consultation with one of our family law attorneys.