If you’ve been following the hype, it sounds like AI is about to revolutionize everything from grocery shopping to courtroom litigation. For us family law attorneys, it already has — at least in small but significant ways. AI tools now help manage the mountains of paperwork, scheduling nightmares, and data-heavy discovery that come with divorce cases.

But with great tech comes great responsibility.

While AI might be the shiny new assistant in the law office, ethics are the guardrails keeping us from turning legal practice into an unsupervised science experiment. In family law, where privacy, accuracy, and human judgment are everything, these guardrails matter.

Let’s talk about why.

Competence: Yes, Lawyers Must Understand Their AI Tools

Under California’s Rules of Professional Conduct (Rule 1.1) and echoed by the American Bar Association’s Formal Opinion 512 (2024), attorneys have an ethical duty to remain competent in the technology they use.

That doesn’t mean we all have to become AI engineers. But it does mean:

• We need to understand how AI tools work, especially their limits.
• We must assess the risks and benefits of using AI in client matters.
• We’re responsible for supervising AI output, the same way we would supervise a paralegal or junior attorney.

Put simply: AI can draft your discovery requests faster than any human, but I’m the one who has to make sure they’re correct, complete, and legally sound before they go out the door.

Confidentiality: Safeguarding Sensitive Divorce Data

Family law involves deeply personal information: finances, child custody disputes, medical histories, allegations of abuse. When AI tools are involved in processing this data, confidentiality concerns are front and center.

According to both ABA guidance and state bar recommendations, attorneys must:

• Vet AI tools and cloud services for strong data security protections.
• Understand where and how client data is stored and processed.
• Avoid using AI platforms that share data for training large language models without client consent.

For example, tools like LawToolBox (as discussed in your source) process data securely within a law firm’s private Microsoft 365 environment — a safer choice than free or public AI platforms with unclear data policies.

This matters because mishandling client data isn’t just embarrassing — it’s a potential ethics violation and malpractice risk.

Accuracy and the Hallucination Problem: Lawyers Are Still the Gatekeepers

One of the most famous AI blunders happened in 2023, when lawyers submitted a court brief filled with fake case citations generated by ChatGPT. The judge was not amused. (Mata v. Avianca, SDNY 2023.)

This is called “AI hallucination” — when AI confidently fabricates information that looks real but isn’t.

For family law attorneys, this is a huge ethical landmine. Imagine AI hallucinating a case precedent about child custody or spousal support. If an attorney fails to verify that information, they could mislead the court, violate duties of candor (Rule 3.3), and face sanctions.

That’s why ethical use of AI means:

• Double-checking every citation.
• Fact-checking AI-generated summaries.
• Never filing anything AI drafted without personal attorney review.

AI can assist, but it cannot replace human legal judgment. Period.

Bias and Fairness: Not All Data is Created Equal

AI tools learn from historical data. But what if that data reflects biased outcomes?

For example, if a predictive analytics platform is trained on family law cases where mothers overwhelmingly received primary custody, its outputs might lean toward assuming that trend continues — regardless of your specific facts.

The ethical lawyer’s role is to:

• Recognize and correct for inherent biases in AI recommendations.
• Ensure AI outputs are used as informative tools, not as gospel.
• Advocate for outcomes based on the client’s unique situation, not outdated trends.

The ABA and bar associations have raised serious concerns about bias in AI systems, urging lawyers to be vigilant about how these tools might perpetuate inequities if left unchecked.

Transparency: Telling Clients When AI Is Involved

Clients deserve to know when technology is being used in their case. While AI tools can help streamline tasks and lower costs, attorneys should be upfront about their role.

The ethical duty of communication (Rule 1.4) includes:

• Informing clients when AI tools are being used to assist with their case.
• Clarifying that all final work product is still supervised and approved by the attorney.
• Explaining the benefits (efficiency, lower cost) and limits (AI isn’t giving you legal advice).

Transparency builds trust — especially when people are wary of technology handling their personal divorce matters.

Ethics Are the Foundation, Not an Afterthought

At the end of the day, using AI in divorce law isn’t unethical. Using it irresponsibly is.

California family law attorneys must approach AI the same way we approach any new technology:

• With professional skepticism.
• With clear ethical oversight.
• With a commitment to client protection above all.

AI can help me process 1,000 pages of financial records faster. It can remind me of obscure filing deadlines. It can even draft a first version of a spousal support proposal. But it’s still my legal brain — my ethical obligation — that ensures those tools serve my clients well.

The machines are not taking over.
They’re just making the paperwork less painful.

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Let me start with a confession: as a divorce attorney, I used to think “Artificial Intelligence” was just a buzzword tech companies threw around to impress investors. Fast forward to today, and AI is sitting right next to me—summarizing discovery responses, drafting rough pleadings, and politely reminding me of court deadlines I almost forgot.

No, AI isn’t replacing me. But it is making me a smarter, faster, and (dare I say) less-stressed attorney. And if you’re going through a divorce in California, that’s good news for you, too.

Why AI and Divorce Are a Perfect Match

Family law is a paper-heavy, data-heavy, emotionally-charged practice area. We’re not just arguing over child custody and community property—we’re also dealing with tax returns, financial statements, text message logs, social media screenshots, and more bank records than any sane person should have to review manually.

AI thrives on this kind of data chaos. Tools powered by artificial intelligence can process and organize huge volumes of information with a speed no human (or intern) can match. They spot discrepancies across financial statements, flag unusual transactions, and can even help predict case outcomes based on past rulings.

Think of it as having a data-savvy paralegal who never gets tired or distracted by office gossip.

From Calendars to Courtrooms: How AI Works Behind the Scenes

Here’s where the rubber meets the road. AI is helping family lawyers manage the nuts and bolts of divorce cases in ways that are both practical and powerful:

1. Automated Scheduling & Deadlines

Ever worried your lawyer might miss a court deadline? AI tools like LawToolBox take court rules, apply them to your case timeline, and sync key deadlines into the attorney’s calendar—automatically. Even better, they update in real-time if court dates change. In fast-moving custody or support cases, this can be the difference between staying on track and scrambling for continuances.

2. Document Drafting & Organization

Divorce cases generate mountains of paperwork. AI drafting tools now create solid first drafts of pleadings, settlement agreements, discovery requests, and even financial disclosures. Systems like MyCase IQ and Clio Duo can scan through hundreds of pages, summarize key points, and help lawyers maintain organized case files.

This doesn’t just save time—it reduces human error. After all, it’s easy to miss a zero in a busy day, but AI double-checks every figure.

3. Client Communication with a Digital Touch

AI chatbots and virtual assistants are now handling the flood of client questions that once buried law firm inboxes. These bots answer FAQs (like “When’s my mediation?” or “What do I need for a custody hearing?”) instantly—at midnight if needed. They draft polite, factual responses without the emotional baggage, which frankly, is refreshing in high-conflict divorces.

For co-parenting communication, tools like ToneMeter even analyze the tone of messages to help parties keep it civil. Yes, your ex’s snarky email might get “ToneMetered” into something the judge won’t frown at.

4. Financial Analysis & Discovery

AI isn’t just for clerical work. Advanced platforms are diving into forensic accounting tasks—analyzing tax returns, business valuations, and hunting for hidden assets. In cases where one party “forgets” to disclose crypto wallets or side businesses, AI can help connect the dots faster than traditional methods.

5. Predictive Analytics & Case Strategy

One of the most exciting (and slightly intimidating) applications of AI is predictive analytics. Platforms like Lex Machina and Pre/Dicta can analyze thousands of family law cases, including judicial tendencies, and give lawyers a data-backed forecast of possible outcomes.

Want to know if your judge typically awards spousal support above guideline recommendations? There’s AI for that. These insights help attorneys fine-tune negotiation strategies and set realistic expectations for clients.

The Ethics of AI in Divorce (Or, “Don’t Worry, I’m Still the Lawyer”)

With all this technology buzzing in the background, you might wonder: is AI running my case? The answer is a firm no. The American Bar Association and California State Bar have made it clear: AI is a tool, not a substitute for legal judgment.

Attorneys must supervise AI outputs, protect client confidentiality, and ensure all filings meet professional standards. AI might draft a motion, but a real, licensed human (me) is responsible for reviewing, correcting, and filing it.

Also, AI sometimes “hallucinates”—it might invent a legal citation or misread a document. Remember those New York lawyers who got sanctioned for submitting fake cases from ChatGPT? That’s why lawyers need to remain the gatekeepers.

What This Means for You, the Client

For my clients, AI isn’t some cold, robotic overlord. It’s the reason your emails get answered faster, your documents are reviewed more thoroughly, and your case moves along with fewer delays. It means I can spend more time strategizing for your custody hearing and less time manually cross-referencing bank statements.

It also means that even solo and small family law firms can provide Big Law-level efficiency—without charging Big Law fees.

The Bottom Line: AI Is Here to Help (But I’m Still Driving)

AI is revolutionizing divorce law—but it’s not replacing the human side of what we do. Empathy, judgment, and experience are still irreplaceable. Technology handles the grunt work so I can focus on the hard stuff: advocating for you, negotiating fair outcomes, and helping you navigate one of life’s most challenging transitions.

So, next time you hear about AI in divorce cases, don’t picture a robot lawyer in a suit. Picture your human attorney—armed with smarter tools, sharper data, and maybe, finally, a little less caffeine-induced panic.

Want to know how AI could streamline your divorce case? Contact us for a consultation. No robots will answer (but they might help me prep for our meeting).

Let’s be honest: divorce is already hard enough without also having to figure out how to fill out your financial disclosure forms while sobbing into your coffee. That’s why it’s no surprise that people are starting to turn to artificial intelligence for help—because if a chatbot can plan your vacation, maybe it can also explain how to divide your retirement accounts.

As a California divorce attorney, I’ve seen more and more clients using AI tools to stay organized. Some folks use it to help write declarations for court. Others use it to summarize years of texts with their ex (which they swear will prove emotional abuse). One client used ChatGPT to generate a “sample” custody schedule—it wasn’t terrible, though it did suggest alternating weekends and Thursdays, which sounded more like a dinner reservation system than a parenting plan.

And to be fair, AI can be helpful. It can draft, organize, calculate, even remind you that yes, you do have to list your Coinbase account on your disclosures. It’s like a robot paralegal—but without the judgmental sigh when you hand in your documents two weeks late.

But here’s the thing: divorce isn’t just paperwork. It’s strategy. It’s judgment. It’s law. No algorithm—at least not yet—can tell you whether to settle or fight, or how the judge is likely to rule on your custody modification request. That’s where having a lawyer who actually understands Family Code section 4320 (and maybe also how to spot a narcissist) comes in.

Then there’s the privacy piece. California has some of the strongest digital privacy laws in the country—like the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). If you’re feeding sensitive information into an AI tool, you may be waiving confidentiality protections without even knowing it. So before you ask ChatGPT to “write me a declaration explaining why I should get the house,” ask yourself: is this something I’d want floating around in a training database?

All of this is to say: AI is here, and it’s changing the way we approach divorce. It can save time, money, and a little bit of your sanity. But it can’t replace legal advice, or common sense. So go ahead and use the tools—but make sure you’ve also got a real person in your corner who knows the law, the court, and how to navigate the messy emotional side of ending a marriage.

And if your ex walks into mediation waving an AI-generated parenting plan? Don’t panic. Just send it to me. We’ll run it through a real filter—one that includes legal knowledge, experience, and maybe a strong cup of coffee.

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The legal landscape is changing—and fast. From digital privacy concerns in custody battles to the growing role of AI in legal decision-making, family law is facing unprecedented transformation.

Data&Divorce is a new blog by Amrit Kullar, CIPP/E, CIPP/C, CIPP/US, Esq. — a California family law attorney and certified privacy professional. This platform is dedicated to exploring how data, AI, and digital rights are transforming the practice and impact of family law.

Whether you’re a legal practitioner, privacy advocate, technologist, or parent navigating modern litigation, this blog will offer grounded insights, policy analysis, and forward-thinking commentary to help you stay ahead of the curve.

Stay tuned for content at the cutting edge of family law in the digital age.