Artificial intelligence (AI) is changing the way many professionals work, and family law mediation is no exception. AI tools can help mediators and lawyers organize information, summarize documents, identify issues, and prepare for negotiations.

However, family law mediation often involves highly personal issues (e.g., parenting, finances, separation, the best interests of children) that need the human perspective. So, AI in family law mediation must be used carefully and should not replace human judgment, empathy, confidentiality, or decision-making.

As AI becomes more common in alternative dispute resolution, both mediators and participants should understand what AI can and cannot do.

What is AI Used For in Family Law Mediation?

Generally speaking, AI tools can assist with tasks before, during, or after a mediation. Depending on the technology, AI may best be used to:

•     Summarize lengthy documents
•     Organize financial information
•     Identify issues that need to be addressed
•     Help prepare mediation materials
•     Generate draft settlement language
•     Assist with communication and negotiation preparation
•     Translate or simplify information
•     Track negotiation positions
•     Help mediators manage large amounts of information
•     Provide general information about legal concepts

AI does not have the authority to make decisions for the people involved in a family law dispute. The parties involved should ultimately decide whether to settle and what terms are acceptable.

What Are the Risks of Using AI in Family Law Mediation?

AI can offer useful efficiencies, but its use also creates significant risks. The State Bar of California has issued practical guidance addressing lawyers’ ethical obligations when using generative AI, including duties relating to confidentiality, competence, supervision, communication, and candor.

Confidentiality and Privacy

Family law matters frequently involve highly sensitive information about finances, children, relationships, health, employment, and personal circumstances. For California attorneys, using an AI system with confidential client information can implicate professional duties of confidentiality as well as privacy and security concerns.

Attorneys and mediators should understand how an AI platform stores, processes, uses, and protects information before entering confidential mediation materials into it. California attorneys should not input confidential client information into a generative AI system that lacks adequate confidentiality and security protections.

AI Errors and “Hallucinations”

Generative AI can produce information that sounds convincing but is incorrect. These errors are often referred to as AI “hallucinations.”

In a family law matter, an inaccurate statement about legislation, support, property rights, or parenting law could have serious consequences. For this reason, mediators and involved parties should never automatically assume AI-generated legal information is accurate.

Bias

AI systems can reflect biases contained in their training data or created during the design and implementation of the system. Bias can be particularly concerning in family law because disputes often involve complex questions about:

•     Parenting choices
•     Finances
•     Gender
•     Culture
•     Religion
•     Disability
•     Family circumstances

The American Bar Association has warned that AI can reproduce bias and discrimination. Some alternative dispute resolution professionals have raised similar concerns about AI introducing new power imbalances into mediation.

Loss of Human Judgment

Family law mediation is not simply a mathematical exercise, suitable for an algorithm. Two families with similar financial circumstances may require very different solutions taking into account:

•     Parenting arrangements
•     Communication styles
•     Children’s ages and needs
•     Employment situations
•     Other personal circumstances

An AI system may identify a logical solution without understanding human factors making the solution inappropriate for a particular family.

Overreliance on Technology

AI should be a tool rather than the decisionmaker. If mediators, lawyers, or parties become overly dependent on AI-generated recommendations, they may overlook important information. In other cases, they may accept a proposed solution without adequately questioning it.

Get Family Law Mediation You Can Trust

At Lonich Patton Ehrlich Policastri (LPEP), we are well aware of both the advantages and pitfalls of using AI tools. When AI tools are used in legal work, appropriate safeguards include:

•     Protect confidential information
•     Verify AI-generated information
•     Maintain human oversight
•     Consider bias
•     Evaluate whether disclosure of AI use is appropriate or required
•     Use AI proportionately

Family law mediation helps you reduce conflict, save time and money, protect your privacy, and retain control over important decisions. Schedule a free, no-obligation consultation with LPEP to discuss your options today.

FAQs

Q: Can AI replace a family law mediator?

A: No. AI should not be viewed as a replacement for a human family law mediator. Mediation requires human judgment, communication, empathy, and the ability to recognize complex interpersonal dynamics. AI may assist with certain tasks, but the parties should retain control over their decisions.

Q: How can AI help with family law mediation?

A: AI can potentially help:

• Summarize documents
• Organize information
• Identify issues
• Prepare mediation materials
• Draft certain documents
• Assist with communication
• Perform other administrative tasks

All AI-generated information should be appropriately reviewed.

Q: Is it safe to put family law documents into an AI tool?

A: Not necessarily. Family law documents can contain highly sensitive personal and financial information. Before including confidential information, users and professionals should understand how the AI platform collects, stores, processes, and protects that information.

Q: Can AI provide legal advice during mediation?

A: AI may provide general legal information, but it should not automatically be relied upon as individualized legal advice. Family law rules can vary by jurisdiction and depend heavily on the specific circumstances of a case. A qualified family lawyer can provide advice based on the individual’s situation.

Q: Should a mediator tell the parties if AI is being used?

A: Transparency is an important consideration. For California attorneys, whether disclosure or client consent is appropriate or required depends on the circumstances, including the nature of the AI use, applicable professional duties, confidentiality considerations, and the technology being used.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Buy Now, Pay Later (BNPL) services have become a popular way to finance everything from electronics and furniture to groceries and travel. While spreading payments over time may seem convenient, these loans can create unexpected complications if a marriage ends in divorce.

If you and your spouse used Buy Now, Pay Later financing during your marriage, you may be wondering who is responsible for repaying those balances. In California, the answer depends on several factors, including when the debt was incurred, how the funds were used, and the terms of your divorce.

Are Buy Now, Pay Later Loans Considered Marital Debt?

In many cases, yes.

California is a community property state, which generally means that debts incurred by either spouse during the marriage are presumed to be community obligations. That presumption can apply whether the debt came from a traditional credit card, a personal loan, or a Buy Now, Pay Later provider.

For example, if one spouse financed a new family appliance, children’s clothing, or household furniture through a BNPL plan during the marriage, that debt may be considered part of the marital estate, even if only one spouse opened the account.

Does It Matter What the Money Was Used For?

Absolutely.

Courts often look at whether the purchases benefited the marriage or were primarily for one spouse’s separate use. A Buy Now, Pay Later loan used for shared household expenses may be treated differently than financing for luxury items purchased after separation or for an unrelated personal expense.

The timing of the purchase can also make a difference. Debts incurred after spouses separate are often treated differently than debts accumulated while the marriage was intact.

Your Divorce Agreement Doesn’t Always Bind the Lender

Even if a divorce judgment states that one spouse is responsible for paying a particular Buy Now, Pay Later account, the lender is not required to remove the other spouse from the contract.

If both spouses signed the financing agreement or are otherwise legally obligated on the account, the lender may still seek payment from either borrower if the balance goes unpaid. In that situation, the spouse who pays the debt may have legal remedies under the divorce judgment, but resolving the issue can take additional time and expense.

Protect Yourself During the Divorce Process

As Buy Now, Pay Later financing becomes more common, it’s important to identify these accounts early in the divorce process. They can easily be overlooked because they may not appear alongside traditional credit card statements.

Working with your attorney to identify all outstanding debts, determine whether they are community or separate obligations, and negotiate a fair allocation can help reduce the risk of future disputes.

If you’re navigating a divorce and have questions about Buy Now, Pay Later loans or other marital debts, the family law attorneys at Lonich Patton Ehrlich Policastri can help. We’ll review your financial situation, explain how California law may apply to your circumstances, and work to protect your interests throughout the divorce process. 

Contact our San Jose office today to schedule a free consultation.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

More couples today are choosing to live together without getting married. For some, it’s a step before marriage. For others, it’s a long-term arrangement that better fits their lifestyle and financial goals. While cohabitation has become increasingly common, many unmarried couples are surprised to learn how limited their legal protections can be compared to married spouses.

As family dynamics continue to evolve, legal systems are slowly adapting to address the realities facing unmarried couples, especially when it comes to property, finances, and children.

Cohabitation Is More Common Than Ever

In the past, marriage was often viewed as the default path for couples building a life together. Today, many couples choose cohabitation for personal, financial, or cultural reasons. In high-cost areas like the Bay Area, couples may share homes, finances, and even children for years without legally marrying. 

The challenge is that living together does not automatically create the same legal rights that come with marriage.

Many people assume that long-term cohabitation creates “common law marriage” protections, but California does not recognize common law marriage established within the state. That means unmarried couples may not have automatic rights related to property division, financial support, or inheritance if the relationship ends.

Why Legal Planning Matters for Unmarried Couples

When unmarried couples separate, disagreements can quickly arise over shared assets and financial responsibilities. Questions often include:

• Who owns the home or property?
• How should shared expenses be divided?
• What happens to jointly purchased assets?
• Is one partner entitled to financial support?

Without clear legal agreements in place, resolving these disputes can become stressful and expensive.

This is why more couples are turning to cohabitation agreements. These agreements function similarly to prenuptial agreements by outlining how finances, property, and responsibilities will be handled during the relationship and in the event of a breakup.

Legal Reforms Are Slowly Expanding Protections

Across the country, lawmakers and courts have started recognizing that unmarried couples often face many of the same financial and parenting issues as married couples. While legal reforms vary by state, several trends are emerging:

Greater Recognition of Shared Property Interests

Courts are increasingly willing to examine financial contributions made by both partners, especially when one person contributed to mortgage payments, renovations, or shared investments.

Expanded Parenting Protections

For unmarried couples with children, courts continue to focus on the best interests of the child, regardless of the parents’ marital status. Custody and support rights generally apply equally to both parents.

Increased Use of Cohabitation Agreements

More couples are proactively creating legally enforceable agreements to avoid uncertainty and conflict later.

Common Issues Unmarried Couples Overlook

Many unmarried couples delay legal planning because they assume they will “figure it out later.” Unfortunately, that can create serious complications down the road. Some commonly overlooked issues include:

Estate Planning

Without a will or trust, unmarried partners may not automatically inherit assets or have decision-making authority during medical emergencies.

Real Estate Ownership

If both names are not properly documented on property records, disputes can arise over ownership rights.

Financial Accounts and Debt

Shared bank accounts, loans, and credit obligations can become difficult to untangle after a separation.

Protecting Yourself and Your Future

Cohabitation can offer flexibility and independence, but it also requires thoughtful legal planning. Having clear agreements and updated legal documents can help couples avoid unnecessary disputes and protect their financial future.

At LPEP Law, we help Bay Area clients navigate modern family law issues, including cohabitation agreements, property disputes, and long-term planning for unmarried couples. Our team works to provide practical guidance tailored to your unique situation.

If you are living with a partner and want to better understand your legal rights and options, contact our office today to schedule a free consultation and plan for the future with confidence.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Mental health issues can play a significant role in family law cases, especially divorce, child custody, and protective orders. Although mental health considerations do not automatically determine the outcome of a case, courts must evaluate the best interests of children, parental capacity, decision-making, and family dynamics.

Family law cases are deeply personal. When mental health considerations are also involved, cases become more legally and emotionally complex. Judges are not always able to adequately evaluate a party’s psychological condition. Sometimes this inability is due to limited evidence, refusal to participate in an evaluation, or conflicting expert opinions. The judge might order a formal evaluation, ask for other evidence, or issue temporary orders to protect family members.

Mental Health and Child Custody Decisions 

One of the most common ways mental health becomes relevant in family law is during child custody disputes. Generally, family courts are guided by one overarching principle: the best interests of the child.

To determine custody, parenting time, and visitation, courts need to think about whether a parent’s mental health will negatively impact the child. Specifically, can the parent provide a safe and stable home environment? Are they able to meet the child’s emotional and physical needs? Will they communicate and cooperate with the other parent? What is their ability to exercise sound judgment in parenting decisions?

A mental health diagnosis alone is rarely enough to influence custody outcomes. Courts typically focus on how their specific psychological condition issue impacts parenting. Many individuals with anxiety, depression, PTSD, or other psychological condition conditions parent effectively and responsibly.

In some cases, concerns about a parent’s mental health may lead the court to order a psychological or custody evaluation. Licensed mental health professionals will assess parenting capacity, family dynamics, emotional functioning, and any concerns about child safety or welfare.

Mental Health and Domestic Violence Cases

Between 23-25 percent of divorces in the United States cite domestic violence as a factor. Cases may involve a request for a protective order, divorce allegations involving abuse, or custody litigation. Courts need to evaluate how trauma affects both the evidence and the parties involved. 

For victims of domestic violence, trauma, anxiety, depression, and post-traumatic stress can affect how they respond during litigation, communication with counsel, and testifying in court. They may appear withdrawn or have difficulty remembering events. Their behavior may seem inconsistent with the traumatic events they are claiming. Abusers may attempt to use the victim’s psychological condition history against them. For instance, claiming that the victim is unfit to parent because of their anxiety or depression.

Trauma-informed legal representation can be especially important. A trauma-informed approach recognizes that emotional responses like fear, avoidance, or difficulty recalling events, may be normal responses to trauma rather than indicators of unreliability.

Protecting Privacy and Sensitive Medical Information

Mental health records are highly personal, and many clients understandably worry about privacy during litigation. Courts may allow certain mental health information to be discussed in court, but only when directly relevant.

Working with an experienced attorney is essential. They can help balance protecting sensitive information and addressing legitimate legal issues. Depending on the circumstances, attorneys may seek to:

• Limit unnecessary disclosure of medical records;
• Request protective orders;
• Challenge overly broad discovery requests; or
• Advocate for confidentiality protections.

The Importance of Documentation and Treatment

At LPEP, we often find our clients are hesitant to seek treatment for mental health issues before or during a family law case. They’re afraid it will reflect negatively on them and harm their case. However, courts often view proactive treatment positively. Seeking treatment is not a weakness. It demonstrates commitment to your well-being and to your family. 

If you do seek mental health treatment, documentation can be very important for your case. Try to maintain evidence such as: 

• Treatment records;
• Letters or testimony from treating providers;
• Medication compliance records;
• Parenting history; and
• Evidence of stability and support systems.

Family law cases involving psychological condition require more than legal knowledge. The Family Law Group at LPEP prioritizes sensitivity, discretion, and strategic planning. If you are facing divorce or custody issues where psychological condition issues are involved, schedule a free consultation to discuss your case. 

FAQs

Q: Can a parent lose custody because of depression or anxiety?

A: Not necessarily. Many parents successfully manage these mental health conditions and maintain full parental rights. Any legal issues would usually arise if the condition negatively impacts parenting or presents child safety concerns.

Q: What if the other parent falsely claims I have mental health issues?

A: False or exaggerated allegations can sometimes occur in contentious family law cases. Courts typically require evidence rather than speculation or hearsay. Medical records, testimony, and psychological evaluations help separate legitimate concerns from unsupported claims.

Q: How do mental health issues affect divorce proceedings outside of custody?

A: Judges will also consider mental health issues in settlement negotiations, where decision-making capacity is important; in requests for temporary support; in allegations of coercion or abuse; and in enforcement or modification of court orders.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

For many Bay Area families, retirement accounts make up a significant portion of overall wealth. What’s less obvious is how those pension pots (such as 401(k)s and IRAs) fit into your estate plan, especially as inheritance tax rules continue to evolve. Even small legal or regulatory changes can have a meaningful impact on how much your beneficiaries ultimately receive.

Understanding the basics now can help you stay ahead of potential changes and avoid costly surprises later.

Why Pension Pots Deserve Special Attention

Unlike many other assets, retirement accounts don’t pass through your estate in the same way. Instead, they are typically transferred directly to the beneficiaries you’ve named on the account. That makes them powerful estate planning tools, but also easy to overlook.

In recent years, changes to federal rules have already altered how inherited retirement accounts are treated. For example, many non-spouse beneficiaries must now withdraw funds within a set period, which can accelerate tax exposure. Future legislative updates could further shift how and when these assets are taxed.

The Risk of Outdated Planning

A common issue we see is well-intentioned but outdated beneficiary designations. You may have opened a retirement account years ago and haven’t revisited it since. Meanwhile, your broader estate plan may have evolved.

If your beneficiary designations don’t align with your current wishes or with tax-efficient strategies, your loved ones could face unnecessary complications or higher tax burdens.

How to stay on track:

Review your retirement account beneficiaries regularly, especially after major life events like marriage, divorce, or the birth of a child. Make sure these designations work in harmony with your overall estate plan.

Planning for Tax Efficiency

While California does not impose a state inheritance tax, federal tax rules still apply to inherited retirement accounts. Depending on the size of the account and the beneficiary’s tax bracket, withdrawals can significantly increase taxable income.

With potential changes to inheritance tax laws always on the horizon, flexibility is key. Work with an estate planning attorney to explore strategies such as:

• Coordinating distributions across different asset types
• Considering Roth conversions to reduce future tax liability
• Structuring trusts carefully when naming them as beneficiaries

These approaches can help preserve more of your retirement savings for the next generation.

Don’t Overlook Trust Planning

Some individuals name a trust as the beneficiary of their retirement accounts to maintain control over how assets are distributed. While this can be effective, it must be done carefully to avoid unintended tax consequences.

Changes in the law have made trust planning for retirement accounts more complex than it used to be. If you’re considering a trust, ensure it is specifically designed to handle retirement assets under current rules. A generic or outdated trust may not provide the protections or tax benefits you expect.

Stay Proactive as Laws Evolve

Inheritance tax laws affecting pension pots are not static, and waiting to react can limit your options. A proactive approach, such as reviewing your accounts, updating your designations, and coordinating your overall estate plan, can make a substantial difference in the long-term outcome for your beneficiaries.

If you haven’t reviewed your retirement accounts as part of your estate plan recently, now is a good time. At Lonich Patton Ehrlich Policastri, our experienced estate lawyers can help you adapt to changing rules and ensure your plan reflects both your goals and the current legal landscape.

Contact us today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.