Can I Use ChatGPT for My Divorce? Why AI Legal Advice Can Be Dangerous in Wisconsin

If you are going through a divorce in Wisconsin, you have probably heard about ChatGPT and other artificial intelligence tools. Maybe you have even asked AI a question about your divorce, child custody, child support, property division, or spousal support.

AI can be useful for learning about unfamiliar subjects. But using ChatGPT or another AI program as your “lawyer” can be a serious mistake—particularly when you are dealing with a Wisconsin divorce. If you are searching for a divorce attorney in Appleton, Oshkosh, Green Bay, or elsewhere in Northeast Wisconsin, it is important to understand what AI can—and cannot—do for your case.

Can ChatGPT Give Me Legal Advice About My Wisconsin Divorce?

The short answer is: AI can provide information, but it is not your Wisconsin divorce lawyer and it cannot provide legal advice.

A chatbot does not represent you. It does not know all of the facts of your case, it does not have a relationship with you, and it cannot take responsibility for the legal advice it provides. Most importantly, AI does not exercise the professional judgment of an experienced Wisconsin family law attorney.

A divorce is not simply a matter of asking:”What does Wisconsin law say about divorce?”

The more important questions are:

• How does Wisconsin law apply to my specific circumstances?
• What evidence do I need?
• What should I ask for?
• What should I agree to?
• What should I refuse?
• What arguments are likely to help—or hurt—my case?
• How should I approach property division?
• What should I do about retirement accounts?
• How should maintenance or spousal support be addressed?
• What is the best custody and placement strategy?
• What happens if my case goes to trial?

Those are questions requiring legal judgment and strategy, not simply information.

Why AI Legal Advice Can Be Especially Risky in Wisconsin

Wisconsin divorce cases are governed by Wisconsin statutes, Wisconsin case law, Wisconsin court rules, and the particular facts of the case. An AI program may give you an answer based on general United States law—or even another state’s law—when what you need is a precise answer based on Wisconsin family law.

Even a generally correct answer can be wrong for your situation. For example, an AI program might correctly explain Wisconsin’s general approach to marital property but fail to identify specific, important issues in your case.

The details matter.

AI Can “Hallucinate” Wisconsin Case Law

One of the most significant dangers of relying on AI for a legal case is that AI can produce information that sounds authoritative but is wrong.

AI can sometimes provide:

• Incorrect case citations
• Cases that do not exist
• Incorrect quotations
• Outdated legal rules
• Incorrect interpretations of statutes
• Rules from another state
• Cases that do not actually support the proposition for which they are cited

This is not merely theoretical. The Wisconsin Supreme Court is currently considering a proposed rule specifically addressing the use of generative AI in Wisconsin court proceedings. The proposal recognizes the potential for inaccurate or outdated information and specifically addresses verification of AI-generated material.

If you copy an AI-generated legal argument into a court filing, you—not the computer—are responsible for what you submit.

What If I Use ChatGPT to Write My Wisconsin Court Documents?

This is where things can become particularly dangerous. AI can generate a document that looks like a legal motion. It can have:

• Headings
• Legal terminology
• Case citations
• Statutory references
• Numbered paragraphs
• Arguments
• A conclusion

It may look exactly like something prepared by a lawyer. But appearance is not accuracy. A beautifully written motion containing the wrong law or the wrong argument can actually hurt your case.

The Wisconsin Supreme Court’s pending AI proposal specifically addresses self-represented litigants who use AI to prepare filings. It would require them to independently review and verify the accuracy of factual and legal statements and the authenticity of citations before filing. In other words, AI does not relieve you of the responsibility to get it right.

Can I Trust ChatGPT With Confidential Divorce Information?

This is another major concern. Divorce cases can involve extremely private information, including:

• Financial records
• Bank accounts
• Tax returns
• Children’s medical information
• Mental health information
• Allegations of domestic abuse
• Infidelity
• Criminal allegations
• Employment information
• Business information
• Social Security numbers
• Passwords and account information
• Private communications

You should think carefully before entering confidential information into an AI system.

AI Is Not Your Attorney

One of the most important distinctions is this: A conversation with an AI chatbot is not the same thing as communicating with your divorce attorney. Attorney-client privilege and an attorney’s professional duties of confidentiality exist within the attorney-client relationship.  That protection does not exist for information you provide to a consumer AI program. Not only can it be used by the AI company, it can be discoverable by the other side.

What Does a Divorce Attorney Do That AI Cannot?

An experienced Wisconsin divorce attorney does much more than look up the law. Your attorney evaluates your circumstances and helps develop a strategy including your finances, your children, your goals, your risks, and your spouse’s position. That may involve looking at:

What is marital property? How should retirement accounts, investments, businesses, real estate, and debts be addressed? What custody and placement arrangement is appropriate? What information will the court consider? What evidence matters?What is your spouse likely to request? What arguments will their attorney make? Where might you be able to negotiate? What documents and witnesses actually support your position? What outcome are you trying to achieve—and what is the most realistic way to get there? What happens if you take a particular position and the judge disagrees?

AI can generate possibilities. Your lawyer helps you decide which possibilities make sense for your specific case.

Can AI Tell Me What My Judge Will Do?

No. And neither can your lawyer guarantee the outcome of your case. A good Wisconsin divorce attorney can, however, help you evaluate the strengths and weaknesses of your position and explain the risks associated with different strategies. That experience matters.

The difference between: “The law says X.”and “Given the law, these facts, this evidence, your spouse’s position, and the likely issues at trial, here is the strategy I recommend.” is enormous.

Why Local Experience Matters in a Wisconsin Divorce

If you are looking for a divorce lawyer in Appleton, Oshkosh, or Green Bay, you are not simply looking for someone who can find Wisconsin statutes online. You need someone who understands Wisconsin family law and knows how to apply it to your circumstances. Local representation can be particularly important when your case involves complicated custody issues, substantial assets, businesses, high income, contested property division, maintenance, or litigation. An experienced Appleton divorce attorney, Oshkosh divorce lawyer, or Green Bay divorce attorney can help you understand not only what the law says, but how to approach your particular case.

Should You Never Use AI During a Divorce?

Not necessarily. AI can be useful as an educational tool. For example, you might use it to ask:

• “What does marital property mean?”
• “What is a guardian ad litem?”
• “What is the difference between custody and placement?”
• “What is mediation?”
• “What does a divorce decree do?”

Those types of questions can help you become a more informed client.The problem begins when you move from: “Help me understand this.”to: “Tell me what I should do in my Wisconsin divorce.” And it becomes even more dangerous when you rely on AI to prepare something that you intend to file with the court.

Don’t Let a Free AI Answer Become an Expensive Legal Mistake

One of the biggest attractions of AI is that it is inexpensive and available 24 hours a day. But a free answer can become very expensive if it causes you to have the wrong standards, misunderstand the law or failure to make realistic requests. Your divorce may be one of the most financially and personally significant legal matters you will ever face.

It is worth getting the right advice.

Looking for a Wisconsin Divorce Attorney?

If you are considering divorce or are already involved in a Wisconsin divorce, don’t rely on ChatGPT to make legal decisions for you. Use AI to learn. Use your attorney to advise, strategize, negotiate, and advocate for you.

At Petit & Dommershausen, our attorneys represent clients throughout Northeast Wisconsin, including Appleton, Oshkosh, Green Bay, the Fox Cities, Outagamie County, Winnebago County, Brown County, and surrounding communities.Whether your divorce is amicable or highly contested, we can help you understand your options and make informed decisions about your future.

Contact Petit & Dommershausen at 920-739-9900 to discuss your Wisconsin divorce with an experienced family law attorney.