As technology continues to evolve, so do the ways in which it can impact divorce and family law cases. In recent years, we’ve seen social media, text messages, emails, and even fitness trackers used as evidence in court. Now, with the increasing use of artificial intelligence tools—such as AI chat platforms, smart assistants, and search-based technologies—clients often ask whether that information could play a role in their divorce.
So, what happens if one spouse wants to subpoena AI history or searches? Here are the key considerations:
1. Is it possible to obtain AI history or searches?
In some cases, yes—but with limitations. AI platforms (such as search engines, virtual assistants, or chat-based programs) may retain user history, but the availability of that data often depends on the platform’s policies, privacy rules, and data retention practices. Unlike emails or text messages, AI platforms may not store full conversations long-term, or the data may be anonymized in a way that makes it difficult to tie directly to one individual. Additionally, subpoenas to third-party companies may face significant legal hurdles if the company is outside of the court’s jurisdiction or if privacy protections apply.
2. Is this information admissible in court?
Even if obtained, admissibility is another challenge. Connecticut courts, like most jurisdictions, generally allow evidence that is relevant and reliable. However, AI history may raise questions about authenticity:
Can you prove the spouse generated that search or conversation?
Was the data altered or incomplete?
Does it truly demonstrate intent, behavior, or credibility?
If these questions cannot be adequately answered, the court may determine that the information is not admissible, or may give it very little weight in a divorce proceeding.
3. Potential benefits or detriments
Benefits:
AI history could potentially show intent or planning. For example, repeated searches about hiding assets, moving out of state with children, or how to manipulate finances could be relevant in certain cases.
It may also provide corroborating evidence when combined with other communications, financial records, or testimony.
Detriments:
Pursuing AI records can be costly and time-consuming, and there’s no guarantee of success.
Attempting to use AI history could backfire if the court views the evidence as speculative or unreliable.
Requests for such information may raise privacy concerns, which could make the court less inclined to allow it.
The Bottom Line
While it may technically be possible in limited circumstances to obtain AI history or searches during a divorce, the practicality and admissibility are much more complicated than traditional forms of digital evidence. As with any discovery request, your attorney can help you determine whether the potential value outweighs the cost and effort. Also, if you are subpoenaed to provide your AI search history, then it may be worthwhile to file an objection before the Court forces you to comply.
At Wolf & Shore Law Group, we stay at the forefront of legal and technological developments to best advocate for our clients. If you are going through a divorce and have questions about digital evidence or discovery, we are here to help guide you through the process with both knowledge and compassion.
At Wolf & Shore Law Group, we understand that every family is different. We’re here to help you determine the best next step—and advocate for what’s right for you and your children. Our team is here to help you navigate the legal process with confidence, ensuring you stay focused on what truly matters—your family. Ever Argue with a Woman? Contact us at 203.745.3151 or info@wolfandshorelaw.com.