Using AI During Your Divorce or Custody Case: What You Need to Know

Artificial intelligence tools like ChatGPT, Claude, and Gemini are rapidly becoming part of everyday life. Many people navigating divorce or custody disputes are now turning to AI to ask questions about the law, organize their thoughts, or even draft documents for court.

For people representing themselves in family court, this can feel empowering. AI offers instant responses, explanations of legal concepts, and help organizing information.

But there is an important legal reality that many litigants do not understand.

Not everything you type into an AI system is private.

And in some situations, those conversations could potentially become discoverable evidence in your case.

A recent federal court decision has brought this issue into the spotlight and raises important questions for anyone using AI during litigation.

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A Recent Court Decision About AI and Legal Privilege

In 2026, a federal judge in the Southern District of New York addressed a question courts had never directly answered before: are conversations with an AI system protected by attorney-client privilege?

In that case, a defendant used an AI system to analyze the allegations against him and draft documents outlining potential defense strategies. The documents included the prompts he typed into the AI and the responses generated by the system.

The defendant later shared those materials with his attorneys and argued that they should be protected from disclosure because they related to legal strategy.

The court disagreed.

The judge ruled that the AI-generated materials were not protected by attorney-client privilege and were not protected by the work-product doctrine either.

Why?

Because the defendant had shared confidential information with a third-party AI platform rather than communicating directly with his attorney.

The ruling emphasized a simple but important legal principle: attorney-client privilege requires confidential communications between a client and a lawyer. When information is voluntarily shared with a third party who is not necessary for the legal representation, that confidentiality can be lost.

In this case, the AI system was considered a third party.

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Why This Matters for People Representing Themselves

Family law litigants frequently represent themselves in divorce, custody, and child support cases. Many people turn to AI tools to help them understand the law or organize their case.

Some common ways people use AI include:

• Asking questions about divorce laws

• Learning how custody decisions are made

• Drafting parenting plans or financial affidavits

• Organizing timelines of events

• Preparing questions for court hearings

• Analyzing text messages or disputes with a co-parent

These uses can be helpful. However, problems can arise when people begin typing detailed information about their case into AI systems.

For example, someone might type something like:

“I'm going through a custody case and here is what happened during our last argument…”

Or:

“My spouse says I hid money but here's the real story…”

Or:

“How do I convince a judge to give me more parenting time if I work nights?”

At that point, the person is no longer simply researching the law. They are sharing facts about their case and potentially discussing strategy.

And depending on how the AI platform stores or uses that information, those conversations may not be confidential.

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The Difference Between AI Writing, AI Research, and AI Case Preparation

Not all uses of AI raise the same legal concerns. It helps to understand the difference between three very different ways people use these tools.

AI as a Writing Tool

Sometimes AI is simply used to help draft documents that will eventually be filed with the court or shared with the other party.

Examples might include:

• drafting a motion

• organizing a timeline of events

• preparing a financial summary

• formatting a parenting plan

In these situations, the final document is intended to be shared with the court or the other side anyway. The main concern is accuracy and clarity, not confidentiality.

Courts have already warned lawyers and litigants that AI-generated documents must still be reviewed carefully for accuracy, because AI systems can make mistakes or generate incorrect legal citations.

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AI as Legal Research

Another common use of AI is legal research.

For example, someone might ask:

“What factors do judges consider when deciding custody in Florida?”

Or:

“How is child support calculated?”

When AI is used this way, it is similar to using Google or reading legal articles online. The person is learning about the law in general terms rather than sharing confidential facts about their specific case.

This type of use typically does not create confidentiality problems.

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AI as Case Preparation

The greatest risk arises when people begin using AI as a substitute for discussing their case with a lawyer.

This can happen when someone types detailed descriptions of their situation into an AI system and asks for advice about strategy, evidence, or arguments.

For example:

• describing events in a marriage or relationship

• explaining disputes with a co-parent

• discussing finances or hidden assets

• analyzing possible legal defenses

• asking how to respond to allegations in court

At that point, the user may be revealing personal information, legal strategy, or admissions about facts in the case.

If that information is shared with a public AI platform, courts may treat the interaction as a communication with a third party rather than a confidential legal discussion.

That is the issue the recent federal decision addressed.

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Public AI vs Private AI Systems

Another important factor is the type of AI platform being used.

Many AI tools available online operate as public platforms. Their terms of service may allow the company to store user inputs or use them to improve the system.

If that happens, courts may determine that users did not have a reasonable expectation of confidentiality when entering information.

Some organizations use private or enterprise AI systems that operate within secure environments and do not store or reuse prompts. These systems function more like internal software tools.

Courts have not fully resolved how privilege rules apply in those situations. However, the distinction between public and private AI systems is becoming increasingly important in legal discussions.

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Why This Issue Is Especially Important in Family Law

Family law cases often involve deeply personal narratives about relationships, parenting decisions, finances, and emotional conflicts.

People naturally want to tell their story.

AI tools invite exactly that type of storytelling.

A litigant might use AI to write a detailed explanation of what happened in their marriage, describe arguments with their co-parent, or ask how a judge might view certain events.

But if those conversations are not confidential, they may create records that could potentially be requested during discovery.

Family law discovery can be broad and may include requests for communications, electronic documents, and other records related to the issues in the case.

This means that something written casually during a late-night AI conversation could theoretically become evidence later.

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Practical Advice for Pro Se Litigants Using AI

AI tools can still be helpful when used carefully. The key is understanding what they are good for and where the risks lie.

AI can be useful for:

• learning general legal concepts

• organizing information

• drafting outlines or summaries

• understanding legal terminology

• preparing questions to ask a lawyer

However, it is generally wise to avoid entering highly detailed or sensitive information about your specific case into public AI systems.

If you want your legal strategy and personal facts to remain confidential, those discussions are best held directly with your attorney.

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The Bottom Line

Artificial intelligence is quickly becoming part of the legal landscape, and many people representing themselves are already using these tools to navigate divorce and custody disputes.

But the law surrounding confidentiality has not changed.

Attorney-client privilege protects communications between a client and their lawyer. It does not automatically protect conversations with third-party technology platforms.

As courts begin addressing these issues, one principle remains clear: if you are involved in a legal dispute, you should be careful about where and how you discuss the details of your case.

AI can be a powerful tool for learning and organization. But when it comes to strategy, admissions, and confidential facts, the safest place for those conversations is still between you and your lawyer.

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Internal Calls to Action

If you are navigating a divorce or custody case and need guidance, you have options:

Schedule a free consultation to discuss legal representation.
Book a paid strategy session to review your case and develop a plan.
Explore our DIY Legal Coaching and legal education resources designed for people handling parts of their case on their own.

Visit Family Matters Law Group, P.A. to learn more about these services.

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Bottom Line

Artificial intelligence can be a helpful educational tool for people navigating family law disputes. However, conversations with public AI systems may not be protected by attorney-client privilege and could potentially become discoverable evidence. Understanding the difference between legal research, document drafting, and case preparation can help litigants use AI responsibly while protecting their legal interests.

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