The following is a transcript of Domestic Violence and Protection Orders, featuring John Avi Socha of Hemmat Law Group, discussing Divorce and Separation in Seattle.
0:00
Many of us use tools like ChatGPT every day to write emails, organize our thoughts, plan our finances, or simply ask questions we might not feel comfortable asking another person.
0:08
If you’re going through a divorce or other family law matter, it’s completely understandable to turn to AI for support. You might ask AI to draft a difficult message to your former spouse or explain a legal concept you don’t quite grasp, or help you create a parenting schedule as a starting framework, or simply use it as a place to think out loud during one of the most stressful periods of your family’s history.
0:32
But here’s something many people don’t realize. The way you use artificial intelligence during a divorce can have legal consequences, and big ones. In Washington State, your digital life has become an increasingly important part of family law. And in King County, where courts already deal with complex financial records, cloud accounts, and electronic evidence every single day, AI has introduced an entirely new layer of digital risk.
0:54
That’s why we created this guide. Not to scare you away from technology, mind you. In fact, AI can be an incredibly useful tool under the right circumstances. But instead, we wanted to help you understand where the opportunities are, where the risks may lie, and how to use these tools wisely while protecting both your privacy and your legal position.
1:17
Perhaps the biggest misconception surrounding ChatGPT is that it feels private. After all, you’re typing into a conversation chat room that looks and feels personal. It feels a bit like sending yourself notes or writing a journal, but legally those are very different things. When you use a more public AI platform, you’re communicating with a service operated by another company, or to put it another way, a third party. Your prompts and responses may be stored on external servers, retained under the company’s policies, and in some circumstances become electronically stored information that can be relevant during litigation.
2:00
Now, for most people, that doesn’t necessarily matter, but during a divorce, it really can. Imagine asking ChatGPT questions like, “How can I hide money from my spouse?” or “Can I move away with my children?” or “What’s the fastest way to get around a court order?” Even if you never follow that advice, those conversations could be argued to reveal your intentions, concerns, or state of mind, which is often relevant in legal proceedings.
2:17
That’s why we generally recommend to treat AI conversations as though someone else could eventually read them because one day they might.
2:29
Now, one of the wonderful things about artificial intelligence is how accessible it is and feels. It can explain unfamiliar concepts faster than any human can. It can summarize documents and synthesize data. And it can generate ideas almost instantly.
2:43
It’s natural to wonder why not ask ChatGPT about my divorce and just about anything else. And while you can certainly ask general questions, we recommend that you need to understand what AI is and what it isn’t.
2:58
ChatGPT doesn’t know your family. It doesn’t know the judge assigned to your case, and it certainly doesn’t know the law.
3:04
It doesn’t know the agreements you’ve already made with your spouse or the factual circumstances that brought them about. And it certainly isn’t familiar with the hundreds of small facts that make every family law case unique. But perhaps most importantly, it isn’t protected by attorney-client privilege.
3:20
If you give ChatGPT advice that your Seattle divorce lawyer gave you, or paste your settlement proposal into a public AI tool asking it to improve the document, you may have unintentionally shared confidential legal communications with a third party. And when you share confidential information, it can sometimes no longer be confidential.
3:40
This situation creates an argument that the communication is no longer privileged at all and the other side can discover it. It’s a mistake that’s becoming more common as AI becomes part of everyday life. Our general recommendations are simple. Use AI to understand general concepts, but use your lawyers to make legal decisions. AI and attorneys have two very different roles and only one is private.
4:07
Not very long ago, electronic evidence usually meant emails or text messages. Today, it’s much broader than that.
4:14
Modern divorces can involve cloud storage, fitness tracker data, location history, shared calendars, banking apps, voice assistants, and now AI conversations. It’s the reality we’re facing in the 21st century.
4:24
In King County, family law cases are subject to particularly broad discovery obligations. That means that lawyers and parties may request extensive digital information where it’s relevant to the issues in dispute. For families with complicated finances or significant assets, digital evidence can become an important and essential part of understanding what has really happened in a family’s life.
4:48
That doesn’t mean every ChatGPT conversation suddenly becomes evidence. Far from it. But it does mean you should assume your digital footprint matters and matters a lot. You don’t know where a case is going to go 18 or 20 months in advance. The internet remembers far more than most people realize, and attorneys and parties are really good at digging through it.
5:09
Deleting a conversation from your screen also doesn’t necessarily mean it’s disappeared forever. Copies may still exist on cloud services, backup systems, or under legal preservation requirements mandated by state and federal law. The safest approach generally isn’t trying to erase your digital history. It’s making thoughtful, advanced decisions about what you create in the first place and therefore what the other party can find.
5:36
Look, I get it. Divorce lawyers who lose business to AI say AI bad. A story as old as time. After hearing all of this, you might think we’re suggesting people avoid AI altogether. We’re not.
5:50
Used appropriately, AI can actually make co-parenting easier. One example is emotionally charged communications. Most Seattle family lawyers have seen messages sent in frustration in the moment that later become significant pieces of evidence. AI can be surprisingly good at moderating emotions and helping rewrite those messages and exchanges to something more civil.
6:10
Turning an emotional response into something that’s calm, clear, and focused on the children, which I know might feel frustrating in the moment, but will help you tremendously in the long run. Some people also use AI to organize financial information, prepare meeting notes, or create checklists before speaking with their lawyer. These are more practical, low-risk uses.
6:25
The key distinction is this. Don’t ask AI to replace your lawyer. Don’t ask it to replace your judgment. And don’t ask it to replace your lawyer’s judgment. Also, don’t share confidential information that you’d never hand to a complete stranger.
6:41
Think of AI as a very limited assistant, not an adviser. It can help you with the mechanics and public aspects of your life, but don’t trust it too much. One helps you organize your thoughts. The other protects your legal rights. That’s the clear difference between AI and attorneys.
7:02
Artificial intelligence, as I’m sure you’re probably aware, hasn’t just changed how we communicate. It’s also changing what we can trust and see.
7:10
Today’s AI tools, sadly, can generate convincing emails, text messages, photographs, receipts, voice recordings, and even videos in just a few minutes. Some are harmless, but others are surprisingly difficult to distinguish from reality. And that can matter when evidence is communications between parties.
7:25
For Washington family law courts, particularly here in King County, this presents an entirely new challenge. How do you even know when a screenshot has been altered, when a voice recording has been cloned, or whether a photograph has been enhanced so heavily that it no longer accurately represents what actually happened?
7:45
Fortunately, the legal system doesn’t always simply accept digital evidence at face value. Before electronic evidence can be relied upon at trial, it must be authenticated. In simple terms, the court needs to be satisfied that the evidence is genuine and is what the person presenting it claims it to be.
8:01
That means screenshots alone are often not enough if there is dispute of authenticity. Judges may also look at surrounding circumstances. Does the message in question fit with known circumstances? Does it come from a recognized or reliable account? Is there supporting metadata? Or does the writing style match previous communications from this person?
8:17
As AI becomes more sophisticated, those questions become increasingly important. Because the goal isn’t simply to find evidence, it’s to find reliable evidence.
8:32
When people think about digital privacy, they often imagine hackers. In reality, during a divorce, the biggest risks are usually much closer to home. Shared devices and iPads, family computers, cloud photo libraries, shared Apple IDs, Google accounts, smart speakers, and location-sharing apps.
8:49
These are all designed to make family life easier until the family begins living separately. We’ve seen lots of situations where private messages appear on a shared tablet. Photographs automatically sync to another person’s device or calendar appointments reveal meetings with lawyers or location sharing continues long after one spouse thought it had been switched off.
9:12
That’s why one of the first practical steps after separation is creating digital independence. Change your passwords. Enable multifactor authentication.
9:19
Review who has access to your cloud accounts. Check which devices are synchronizing. And if you’re communicating with your lawyer, consider using a dedicated email account that isn’t connected to shared family devices.
9:27
These aren’t dramatic steps, but they can go a long way in protecting you. We’ve seen circumstances where we’ve been communicating with a client and the other spouse gets access to the email while we’re doing it. Don’t find yourself in that circumstance. We’re simply recommending sensible precautions that can prevent significant problems for you and your children later.
9:53
Now, another trend we’ve been seeing in the use of AI is AI-generated scams.
9:58
Unfortunately, people going through divorce are often targeted because they’re already dealing with unfamiliar legal processes and heightened stress, which makes them more vulnerable than they otherwise would be.
10:05
Fraudsters know this and now use artificial intelligence to create convincing emails, text messages, and fake court notices that appear remarkably authentic on the surface. They may include official-looking logos and professional formatting and threaten you with vague reprisals if you don’t do something.
10:25
They may even use realistic language that appears to come from a court or government agency. Some ask you to scan a QR code. Others demand immediate payment to avoid missing a hearing or facing vague penalties.
10:32
It depends. King County courts have issued warnings about these types of scams frequently, but it’s going to be an ongoing issue, particularly in this era.
10:41
If you ever receive unexpected court correspondence asking for urgent payment or personal information, take a moment before responding. Visit the court’s official website directly, call your lawyer if you have one, or contact the court using the publicly listed contact details.
10:57
A genuine court process doesn’t rely on creating panic. Scammers often do. And taking just 60 seconds to verify a message can save months of unnecessary stress.
11:11
After everything we’ve discussed, you might wonder if AI creates all these risks, why are lawyers even using it at all? The answer is because when it’s used properly, AI can make legal services more efficient without compromising quality.
11:19
Many Washington family law firms now use some sort of secure AI tool to help organize large volumes of documents, assist with legal research, summarize disclosure materials, and improve administrative efficiency.
11:35
But there’s an important difference between the tools lawyers use and the public AI platforms that most people access online. There’s a level of professionalism and security unfortunately not available to the general public.
11:44
Additionally, lawyers have strict ethical obligations. In Washington, those duties include protecting client confidentiality, carefully reviewing everything produced by AI, and remaining personally responsible for every piece of advice they provide, AI-generated or not.
12:00
No reputable lawyer should ever allow artificial intelligence to replace their professional judgment. We sure don’t.
12:09
Because AI doesn’t stand beside you in court. It doesn’t represent your interests, and it’s not accountable to the consequences your life might face if you follow its advice. It doesn’t negotiate with opposing counsel. It doesn’t understand the personalities involved in your matter and it certainly doesn’t make strategic decisions on your behalf.
12:26
We’ve seen this go wrong many times.
12:28
Those responsibilities still belong to experienced lawyers. AI is a useful tool, but no more.
12:38
If you’re currently going through a divorce, there are a few practical steps you can take immediately. Think carefully before sharing sensitive information with any public AI platform.
12:48
Never paste confidential advice from your lawyer into ChatGPT or similar tools. Review your passwords, cloud accounts, and device-sharing settings.
12:56
Create a separate email account for legal communications if you can and if it’s appropriate. Enable multifactor authentication wherever possible.
13:05
And remember that anything you create digitally may one day need to withstand legal scrutiny. So, if you wouldn’t be proud to see it on the front of the New York Times, I recommend second-guessing before you send that text.
13:21
None of this means becoming fearful of technology. We simply want you to use it with the same care and judgment that you would apply to any important financial or legal decision. Technology changes quickly, but good judgment never goes out of date.
13:32
Well, like it or not, artificial intelligence is undoubtedly going to play a larger role in your and my life over the coming years. It will help us work more efficiently, communicate more clearly, organize information more effectively, and in many situations, that’s something to embrace.
13:48
But when you’re navigating a divorce or a legal matter, it’s important to remember that convenience and confidentiality aren’t always the same thing. Sadly, the legal system leaves us very little room to compromise in that respect.
14:04
A conversation with an AI platform is very different from a conversation with your lawyer. One is designed to generate helpful information. The other is protected by legal duties, professional ethics, and years of experience applying Washington law to real family’s lives.
14:15
Understanding that distinction can make a significant difference to your case.
14:19
We hope this guide has helped you better understand both the opportunities and the risks of using artificial intelligence during a Washington State divorce. Technology will continue to evolve, and slowly so will the law. But one thing is unlikely to change.
14:34
Thoughtful decisions, good legal advice, and careful preparation remain the strongest foundations for navigating any family law matter. If you have questions about how artificial intelligence, digital evidence, or privacy concerns may affect your own divorce or parenting matter, we’re here to help.
14:50
Thanks for watching, and we hope this guide gives you the confidence to use technology at least a little more wisely while protecting both your future and your families.
About This Video:
This video was originally published by Further Study, a free legal education initiative supported by Hemmat Law Group.
With more than 30 years serving the Seattle community, Hemmat Law Group is one of Seattle’s largest and most established family law firms. The firm supports Further Study as part of its commitment to making high-quality legal education more accessible to the public.
Further Study is hosted by John Avi Socha of Hemmat Law Group and provides clear, practical explanations of complex legal topics.
Learn more about John Avi Socha.