- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Have you ever visited your local family law court? I did, and it wasn’t a pleasant experience.
After waiting in line, I finally got to the building’s front entrance. I walked through the metal detector and peered into a crowded hallway of mostly panic-stricken people. Next to those poor souls were their lawyers. I say they were lawyers because they were well-groomed, had a happy disposition, and smartly dressed.
I was in the family court building because I wanted to see for myself what I’d be getting myself into should I pull the trigger on my ten-year marriage. A marriage, mind you, I wanted to end for nearly ten years. But that’s getting ahead of myself.
The good news is that today, right now, I finally feel ready to jump back into my single life.
But before I do, I want to know as much as possible about my state’s divorce laws. I want to be well-informed and prepared to do battle should that be necessary.
And that’s where ChatGPT enters the picture.
This is what I now know:
Although an AI language model may not be well groomed, have a happy disposition, or be well dressed, it can still be a helpful tool in the preparation phase of learning about your state’s divorce process.
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Statistic: A whopping 79% of surveyed legal professionals are now using AI in some capacity in their practice, while 25% have adopted AI widely or universally.
AI’s Evolving Role in Family Law
Artificial intelligence tools like ChatGPT are becoming more common in helping divorce and family lawyers perform research and draft legal documents.
However, generative AI is particularly useful for non-lawyers because it simplifies complex legal jargon and can help clarify legal issues like child custody and division of marital property in ways that are easier to understand.
For example, during my field trip to my local family court, I overheard a couple arguing about the differences between joint and primary custody and how that fits into legal and physical custody.
I was taken aback by just how confusing family law can be.
Specific Use Cases
Understanding the court system without a solid grounding in legal terminology can be daunting. ChatGPT helps demystify terms used by your lawyer and opposing counsel. It can also help clarify what certain legal documents mean and should contain.
It was clear that this extra knowledge could make things like spousal support and other family and divorce law disputes more manageable.
While AI tools like ChatGPT can offer a summary understanding of family law, how the divorce process works, and its costs, ChatGPT or any other large language model should not be used as a substitute for sitting down with your lawyer and discussing different strategies and the variable fees and costs associated with each of them.
Understanding the Capabilities of ChatGPT
When asking AI about specific legal questions, always verify the responses against the latest data available from current and reliable sources, including your divorce attorney.
Continuous updates in AI technology will extend ChatGPT’s knowledge base; however, the legal information you receive is not guaranteed to be the most current.
ChatGPT provides information on questions based on processing data patterns. It is not based on experience. Artificial Intelligence, at least for now, cannot experience anything because it is not conscious.
It’s best to think of it as a really smart calculator. Only rather than calculating numbers, it calculates words and sentences, assigns preexisting meaning to them, and predicts the probability of previously defined reasoning and likely outcomes.
Understanding The Cognitive Limitations of AI
ChatGPT can process information based on the input it receives. Without the benefit of real-life experience, it is limited to providing logical probabilities.
Understanding this limitation, here are some ways you can still make the most out of ChatGPT:
- Identify Specific Questions to Ask: Clearly outline what you need to know before you begin. Instead of asking broad questions, focus on specific aspects of family law you are concerned about, such as custody laws, divorce proceedings, or alimony.
- Provide Context: The more context you provide, the more tailored and relevant ChatGPT’s responses will be. If your question relates to a specific stage of your legal proceedings or a particular issue, mention that in your question. The technology adage that is particularly relevant here is “Garbage-In. Garbage-Out.”
- Use Clear and Concise Language: While ChatGPT is adept at processing natural language, clearer questions can lead to more accurate responses. Keep your questions straightforward and to the point. For example, instead of asking, “How does divorce work?” you could ask, “What are the legal grounds for divorce in California?”
- Ask Follow-Up Questions: If the initial answer needs to be more comprehensive, you can ask follow-up questions. For instance, if you asked about the legal grounds for divorce and need more details about one particular ground, you could follow up with, “Can you explain what constitutes ‘irreconcilable differences’ in California?”
- Use Legal Terms: If you know specific legal terms relevant to your situation, use them. ChatGPT’s training includes various legal texts, so it can handle and process specific legal vocabulary very well.
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Sample Questions to Ask ChatGPT
To get you started, here are some sample questions that can help you extract useful information about divorce and family laws:
- “What are the basic steps in filing for divorce in New York?”
- “How is child custody determined in California?”
- “What factors do courts consider when granting alimony?”
- “What are the possible legal and practical implications of signing a prenuptial agreement?
If you are dealing with more complex divorce and family law issues, you might consider being more specific in your questioning:
- “Can you compare the pros and cons of joint child custody versus sole child custody as it relates to child support calculations in Texas?”
- “Discuss the enforceability of prenuptial agreements made under duress in California.”
Practical Scenarios: Using ChatGPT in Real-Life
While ChatGPT can’t give you personalized legal advice, it can help by providing you with information about which you may wish to discuss with your attorney. In this regard, ChatGPT can serve as a valuable starting point from which to obtain some of the basic concepts of divorce law, but it will not provide you with a cohesive strategy based on the specific facts of your case and goals.
ChatGPT will not know how certain local judges tend to rule on certain types of legal issues. Nor will it know anything about the strengths and weaknesses of opposing counsel. Litigation relies on the personal dynamics of the official players – specifically, the lawyers, clients, and the judge who is assigned to hear the matter.
Whether you’re just starting and need a quick overview of the laws or want to clarify a specific point, AI can certainly be a helpful tool and resource. But don’t expect it to churn out a specific legal strategy to follow.
Here are some practical scenarios where ChatGPT’s capabilities might be able to help:
- Researching Legal Options: If you’re considering filing for divorce but aren’t sure what legal grounds to cite or which state to file in, ChatGPT can provide general information that may help you make informed decisions.
- Preparing for Court Hearings: As you prepare for court hearings, using ChatGPT can help you understand key terminology, potential outcomes, and other factors that could impact your case.
- Understanding Legal Documents: Legal documents can be complex and challenging to understand without a background in law. ChatGPT’s responses can clarify the possible purpose and significance of these documents.
- Getting a Second Opinion: While you should always consult with a lawyer as your primary source for actionable information, using ChatGPT can be valuable in increasing your understanding of the legal process.
Real-Life Applications: ChatGPT in Family Law Scenarios
Now that we’ve seen how ChatGPT can help you understand various issues related to divorce and family law, let’s examine some real-life examples and how you might wish to craft your questions to ChatGPT:
Scenario 1: Preparing for a Custody Battle
Ask ChatGPT: “What are the criteria used by courts in New York to determine child custody?”
Follow-up with: “Can you give examples of evidence that can support my case for primary custody?”
Scenario 2: Navigating Property Division
Ask ChatGPT: “What is considered marital property in Illinois, and how is it typically divided in a divorce?”
Follow-up with: “Can you explain if inheritances received during the marriage are divided in divorce proceedings in Illinois?”
Scenario 3: Calculating Child Support
Ask ChatGPT: “How is child support calculated in Texas?”
Follow-up with: “What factors might cause a deviation from standard child support guidelines in Texas?”
Scenario 4: Legal Implications of Cohabitation
Ask ChatGPT: “What legal protections are available to unmarried couples living together in California?”
Follow-up with: “How can an unmarried couple protect their financial interests in case of separation in California?”
Scenario 5: Understanding Post-Divorce Obligations
Ask ChatGPT: “What are the ongoing legal obligations after a divorce in Florida, especially concerning alimony and child support?”
Follow-up with: “How can one request a modification of alimony or child support due to a significant change in financial circumstances in Florida?”
Scenario 6: Adoption and Legal Guardianship
Ask ChatGPT: “What is the process for adopting a child in New Jersey?”
Follow-up with: “What are the differences between legal guardianship and adoption in terms of legal rights and responsibilities in New Jersey?”
Scenario 7: Handling Marital Debts in Divorce
Ask ChatGPT: “How are marital debts divided in a divorce in Ohio?”
Follow-up with: “Are student loans that are acquired during the marriage considered marital debt in Ohio?”
Scenario 8: Legal Steps for Legally Changing a Spouse Name After Divorce
Ask ChatGPT: “What is the process for legally changing your name in Virginia after divorce?”
Follow-up with: “Under what circumstances will a judge deny a petition for changing one’s name after divorce in Virginia?
Scenario 9: Dealing with a Contested Divorce
Ask ChatGPT: “What should I expect in a contested divorce in Georgia?”
Follow-up with: “What are some of the common grounds for contesting a divorce, and how is property division affected in such cases in Georgia?”
Scenario 10: Preparing for Mediation
Ask ChatGPT: “What topics are commonly discussed in divorce mediation in Washington state?”
Follow-up with: “How can I prepare effectively for mediation to resolve a child custody dispute?”
Scenario 11: Understanding Paternity Laws
Ask ChatGPT: “What are the steps to establish paternity in New York?”
Follow-up with: “What rights and obligations do I have once paternity is established?”
Tips for Using ChatGPT Effectively
- Always Check the Source: ChatGPT provides information based on its training data, so verifying the source’s credibility is important. Conduct additional research if necessary to ensure accuracy.
- Ask Clear and Specific Follow-up Questions: If a response from ChatGPT sparks your curiosity or leads to additional questions, don’t hesitate to ask follow-up questions for a deeper understanding.
- Use Keywords: Use specific keywords related to family law, such as “custody,” “divorce,” “alimony,” etc., in your questions for more accurate responses.
- Consider Different Perspectives: While ChatGPT can provide general legal information, remember that it may not account for specific state laws or unique circumstances. Always seek professional customized legal advice for your particular situation.
Verifying Information Provided
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Here are some ways you can evaluate the information:
Cross-Verify Information Provided by ChatGPT
Using the information provided by ChatGPT as a starting point is a practical approach to gathering insights about state divorce and family law.
However, you should cross-check this information with official resources to ensure its accuracy and relevance.
Consider referring to government websites, such as those of state court systems and the Department of Family Services, which typically provide up-to-date legal information and resources on important family law topics.
If financial resources are an issue, consider consulting with reputable legal aid organizations offering information and support regarding family law matters at reduced fees.
By comparing the insights from ChatGPT with reliable sources, you can build a well-rounded understanding of your legal situation and be better prepared for discussions with your family lawyer on a range of options to consider.
Contextual Understanding
When using ChatGPT for inquiries related to family law, remember that the responses provided are based on general knowledge and patterns gleaned from a wide array of data.
While this can offer valuable insights into common legal principles and processes, it’s important to acknowledge that the nuances of individual situations may differ significantly.
There may be specific factors or details in your case that ChatGPT cannot account for, or your query omitted to provide, leading to guidance that might only partially align with your circumstances and your ultimate goals.
Always consider these limitations and approach ChatGPT’s responses as a starting point for your research rather than the product of legal advice received from an experienced family attorney.
Researching Family Law in Your Jurisdiction
Family law varies significantly from one jurisdiction to another. Therefore, you will need to specify the county (local rules) and state when formulating your query.
ChatGPT can provide more accurate information when the jurisdiction is clear and your queries are specific and unambiguous.
Top 5 Myths About Using ChatGPT for Family Court Cases
Myth #1: ChatGPT gives legal advice.
Reality: ChatGPT provides general information to general prompts. It does not legal advice. Only licensed attorneys can give you advice specific to your case and situation.
Myth #2: ChatGPT is up to date with the latest laws.
Reality: ChatGPT’s info is based on data up to its last update, which can be months or even years old. You will need to cross-check all information provided to you with official publications.
Myth #3: ChatGPT is a lawyer.
Reality: ChatGPT can help you understand basic legal concepts but can’t replace the expertise and nuance of a lawyer.
Myth #4: All ChatGPT info is Jurisdiction-Specific.
Reality: ChatGPT gives general legal principles that may not apply to your state or county laws unless stated.
Myth #5: ChatGPT can see your case details.
Reality: ChatGPT can’t access or process personal legal records or case specifics. It responds based on the prompts you give it.
Common Worries About Using ChatGPT for Family Court Law
I am Worried That ChatGPT legal questions will compromise my privacy.
Reality: As far as we know, ChatGPT doesn’t store personal data but it’s recommended you don’t share personal or identifiable info in your questions.
I am Worried That Using ChatGPT Will Hurt My Case.
Reality: Using ChatGPT as a research tool is safe if you follow up with a professional legal consultation about your research.
I am Worried That ChatGPT’s Answers Will be Too General.
Reality: By asking specific questions and providing context you can get more valuable info than you think from a large language model.
I am Worried That ChatGPT Will Not Be Able To Understand Complex Legal Reasoning.
Reality: While ChatGPT can help with basic concepts, complex situations require a lawyer who through their experience and education can interpret and apply the law to your facts and circumstances
Using ChatGPT in Conjunction with Other Resources
ChatGPT works best when used in conjunction with other resources. Consider the following approaches:
- Legal Websites and Databases: Websites like GotTrouble.org, FindLaw, Nolo, and government portals often have detailed sections on family law, including FAQs and articles that might address your specific questions and concerns.
- Books and Publications: Books on family law can provide in-depth information and are often written by experts in the field.
- Online Forums and Discussions: While these should not be seen as reliable sources for legal advice, they can offer insights into how others have navigated similar issues in family court.
Preparing for a Consultation with a Lawyer
After gathering preliminary information from ChatGPT and other sources:
- Prepare for your consultation with a lawyer.
- Take time to jot down your questions and everything you’ve learned.
- Think about the details of your situation that you want to chat about. This modest degree of preparation helps make your attorney consultation more productive.
Bottom Line
ChatGPT can be an excellent resource for learning about family law and the court process. If you ask specific and clear questions, you can gather helpful information that gets you ready for a more informed and detailed consultation with your lawyer.
