AI divorce is real, but family law can still save itself

RALEIGH, NC — Most of us went to law school to serve the public, protect people’s rights, and make a living while doing so. If we are going to continue to prioritize people and families as flesh and blood clients and not data sets, it is up to the law community to adapt our skillsets diligently to these unique and rapidly evolving times. For family law practices in particular, the conditions are right for automated “AI divorce” to fill a vacuum that threatens to commoditize marriage dissolution.

It is more widely accepted than ever that the traditional, adversarial court system is a failing model that leaves families financially and emotionally drained. All the demographics we see in our divorce practices—the wealthy, the “gray” divorcées, (though can we please stop with that term?), millennials, minorities—all are increasingly rejecting that approach.

In place of traditional divorce, there is an increasing dependence on artificial intelligence and LLM platforms to streamline the legal process and make the administrative aspects of divorce faster and cheaper.

And here’s the rub: AI isn’t doing a half-bad job. But the 5-40 percent that it gets wrong should be terrifying to us as jurists—even if the tools get better and faster.

If you believe our profession is safe because AI can’t represent clients in court, think again. Tools currently in development are designed to bypass our involvement entirely. Clients will be able to push a button and file away, assuming, of course, that they can agree on everything. This is where we as professionals remain unceasingly relevant.

Take a survey of clients and ask if they’d like to pay a huge retainer in an open-ended billing structure with no end in sight, to wait months for a meaningful “update” from their counsel, and to spend years waiting to get into a courtroom to decide what they cannot.

Of course not. They’d rather have streamlined, predictable fee structures with regular progress. They demand to spend less money and are willing to turn to robots if they must.

But ask them if they’d prefer humans to do the job for the same cost? Absolutely!

Because at our core, we are mammals. We crave and need touch—especially in our most vulnerable moments. Algorithms, advanced though they may be, cannot read a room, understand emotional complexity, or craft creative compromises that fit a family’s specific needs and goals. Only humans can do that. The best family attorneys in the business understand this dynamic and have spent their careers navigating these complicated waters.

To future-proof the profession, family law must pivot towards human-centric, yet efficient alternative resolution frameworks. Implementing a phased approach (one that integrates CDFA®s, coaches, skilled mediators, and private arbitrators) provides the vital emotional support and nuanced problem solving that artificial intelligence simply can’t replicate.

The elephant in the room looms large when we start this discussion: “How does an attorney maintain a profitable practice in that kind of environment?”

By adopting a structured framework, attorneys can step away from burdens such as the endless discovery slog, the need for a substantial physical infrastructure, and the fear of getting drawn into an endless battle. Instead, we can help many more clients and focus on what we really do best: providing exceptional legal counsel.

The model can be achieved virtually, also. This means that we can reach clients wherever we are licensed and from wherever we are located. For the talented family attorneys who burned out or shifted exclusively to mediation to escape the courthouse…perhaps it may be time to consider coming back?

By prioritizing dignity, neutrality, and rational compromise over adversarial battles, practitioners can protect their practices while delivering empowering, predictable resolutions. And you just might get more of those elusive client “thank yous” at the end of the day.

Amanda Mason is CEO and founder of SOLAGREE?, a new divorce framework that blends mediation, arbitration, and financial planning professionals into one streamlined process. In addition to her role with SOLAGREE?, Amanda is a partner at Mason, Mason, & Smith in Wilmington and a certified mediator who provides assertive, effective representation in divorce, custody, and complex civil matters.