Artificial intelligence tools like ChatGPT and Gemini are everywhere. They can help draft emails, organize thoughts, and explain general legal concepts in plain language. However, when it comes to navigating a divorce proceeding or preparing various agreements, such as a Marital Settlement Agreement (“MSA”) or a Prenuptial Agreement, relying on AI rather than hiring an experienced attorney is a risky and often very costly mistake.
Here’s why:
AI does not know Maryland law, local practices, or how a Judge will likely rule
Divorce law is state-specific, and each court has its own procedures and local practices. Failing to follow these rules or misunderstanding how Maryland law is interpreted and applied can be fatal to a case.
Many divorce issues also involve significant judicial discretion. As a result, experience with the judge presiding over your case can be just as valuable as knowledge of the law itself. AI does not know how a particular judge typically rules, what arguments tend to resonate, or which positions are likely to fail.
When it comes to drafting an agreement, AI can easily lead you down the wrong path. It does not know how Maryland courts interpret ambiguous language, which provisions judges routinely strike, what clauses are unenforceable or dangerous, or what a court is likely to consider “fair” versus “unconscionable.”
A marital settlement agreement is more than a fill-in-the-blank form
Many people assume an MSA is simply a document that divides assets and sets custody terms. In reality, it is a binding contract that may govern your finances, parenting rights, and obligations for decades.
AI can assemble a document, but it cannot identify hidden tax consequences, anticipate future disputes, draft language that protects you from unanticipated life events, or prevent you from unintentionally waiving essential rights. It also cannot account for tax implications unique to your circumstances.
One poorly worded sentence can eliminate your ability to modify support, create unexpected tax liabilities, leave you responsible for debts you believed were not yours, render key provisions unenforceable, or make future custody and decision-making disputes involving your children.
Fixing these mistakes later is often impossible or extraordinarily expensive.
AI cannot strategize, negotiate, or advocate for you
Divorce is not just a legal process; it is a strategic one. An experienced attorney evaluates the dynamics between spouses, identifies financial manipulation or hidden assets during property division, recognizes emotional pressure or coercion, and considers long-term implications rather than short-term outcomes. An attorney can identify legal issues you may not even realize are relevant, drawing on firsthand courtroom experience and an understanding of how courts have addressed similar situations.
AI does not negotiate with opposing counsel. It does not recognize when a proposal is unreasonable. It does not push back when you are giving up too much. It does not protect you when emotions cloud judgment.
A divorce attorney’s role is not merely to draft documents; it is to advise, advocate, and protect.
AI cannot replace judgment, experience, or accountability
If AI provides incorrect or harmful guidance, there is no malpractice insurance and no ethical obligation for AI to protect you. AI owes no duty of loyalty and bears no responsibility for the outcome of your case.
Attorneys, by contrast, are licensed professionals bound by strict ethical rules. They are fiduciaries who must act in your best interest and are accountable for the advice they provide.
Divorce is not the time to rely on a tool that offers information without responsibility or accountability.
The “cost savings” are often an illusion
Many clients who initially attempt to handle their divorce using AI or online templates eventually seek legal help, but only after problems arise. The court may reject agreements. Key provisions may be vague, missing, or disputed. Tax consequences may surface unexpectedly. Custody arrangements may prove impracticable or unenforceable.
At that point, legal fees are often significantly higher than they would have been if the agreement had been drafted adequately from the outset.
Technology is a tool, not a substitute for legal counsel
AI can be a helpful supplement when working with an attorney. It can help explain legal terminology in plain language or assist clients in organizing questions before meetings or communications, potentially making those interactions more efficient.
However, technology should never replace qualified legal counsel when your future, finances, and children are at stake.
The bottom line
A divorce, whether resolved through litigation or settlement, is not just about getting through today. It is about protecting your future.
Using AI to navigate a divorce or draft a marital settlement agreement may feel convenient, but convenience is not the same as protection. The decisions made during divorce can affect your financial security, parenting rights, and peace of mind for years to come.
When the stakes are this high, personalized legal counsel is not optional; it is essential. At Leffler, Bayoumi & Oliver, LLC, our attorneys bring decades of combined experience, training, and skill to help individuals from all backgrounds and circumstances navigate the divorce process with confidence. Contact us today to learn how our team can provide thoughtful, strategic guidance every step of the way.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.