Hey everyone, I’m Matt Dolan with Dolan Divorce Lawyers, the largest divorce and family law firm in Connecticut. Today, I want to discuss a trend that many people are following, but very few are thinking about carefully: using AI tools like ChatGPT to ask questions about their divorce.
While AI can be a helpful starting point for general information, using it for a specific legal strategy can have devastating consequences for your case. Your “private” chat history might not be as private as you think. Learn why using AI for divorce questions can risk your privacy.
Many people assume that typing a question into an AI prompter for divorce advice is a private exchange. However, the legal reality is much different, and your ChatGPT history could be a risk to your court case.
A recent federal case, United States v. Heppner, addressed this issue head-on. In that case, a defendant used an AI platform to help analyze his legal strategy. He later argued that those communications should be protected and confidential, just like a conversation with a licensed attorney.
The court said no.
The ruling was based on two critical factors: (1) an AI platform is not an attorney, and (2) communications with a public AI tool are not considered confidential or privileged.
In the eyes of the law, using a public AI tool to plan a divorce strategy is essentially the same as sharing your information with a third party. When you share sensitive details with a third party, you effectively “waive” or destroy your attorney-client privilege.
If you type sensitive information into an AI tool—even if you think it’s just between you and the computer—a court can treat that information as discoverable evidence. Once that happens, you lose the legal protections that would normally keep your strategy and private details safe from the opposing side.
This matters immensely in family law. Divorce cases involve highly sensitive topics, including:
If you put these details about your divorce case into an AI tool, you are potentially putting your privacy at risk by creating a paper trail in ChatGPT for the opposing counsel to follow. You could be weakening your legal position in a way that is impossible to undo. Once information is deemed “discoverable,” you cannot take it back.
AI can be a powerful tool, but it is not a private one. If you choose to use it, follow these three rules to protect your case:
If you have real questions about your divorce, avoid the risk of using AI and ChatGPT and instead pick the safest path by talking directly to a qualified attorney. Conversations with your legal counsel are protected by law, ensuring your strategy stays between you and your firm.
If you are looking for representation in a divorce or family law case here in Connecticut, we invite you to reach out to us at Dolan Divorce Lawyers. We are here to provide the protected, professional guidance you need.
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