Possibly.
As artificial intelligence becomes more common, family-law litigants are increasingly encountering AI-generated images, videos, audio recordings, written communications, and other digital materials. Like any other evidence, AI-generated content generally must satisfy applicable rules concerning relevance, authenticity, reliability, and admissibility before a court may consider it.
However, because AI technology continues to evolve rapidly, courts across the country are still grappling with how existing rules should be applied to certain AI-related issues. As a result, there may be significant factual and legal disputes regarding whether a particular AI-generated exhibit is authentic, misleading, altered, or entitled to any evidentiary weight.
Why AI Is Becoming an Issue in Family Law Cases
A few years ago, disputes over evidence often involved text messages, emails, and social media posts. Today, artificial intelligence tools can generate:
- Photorealistic images
- Synthetic audio recordings
- Deepfake videos
- AI-enhanced photographs
- Chatbot conversations
- AI-generated written statements
- Altered screenshots
- Voice-cloned phone messages
As these technologies become more accessible, parties and attorneys may increasingly encounter questions concerning whether a particular piece of evidence accurately depicts real events.
In family-law cases where credibility is often central, authenticity disputes can become especially important.
Types of Family Law Cases Where AI Evidence May Appear
AI-related evidentiary issues could potentially arise in:
Divorce Proceedings
Parties may submit communications, financial records, photographs, or social-media content as evidence concerning disputed issues. Questions may arise regarding whether a document or image was created, modified, or enhanced using artificial intelligence.
Child Custody Cases
Courts frequently evaluate the credibility and conduct of parents. If a parent alleges misconduct based upon images, videos, or messages, the opposing party may challenge whether the material accurately reflects reality.
Parenting-Time Disputes
Electronic communications often play a central role in parenting-time enforcement proceedings. Disagreements may arise regarding whether messages were altered, fabricated, or generated using AI tools.
Protective Order Proceedings
Emergency hearings may involve digital evidence that must be evaluated quickly. The authenticity of photographs, recordings, and messages can be an important issue.
What Is a Deepfake?
A deepfake is generally a digitally created or altered image, audio file, or video that is designed to appear authentic even though it may depict events that never occurred.
For example, a deepfake video could appear to show someone making statements they never actually made. Similarly, voice-cloning technology can create synthetic recordings that resemble a person’s voice.
The existence of these technologies does not mean that every unusual recording is fake. Likewise, merely alleging that evidence is AI-generated does not automatically make it inadmissible. Instead, courts generally examine the evidence presented regarding authenticity and reliability.
How Might Courts Evaluate AI-Generated Evidence?
Although every case is different, courts may consider factors such as:
- Who created the evidence
- When it was created
- How it was obtained
- Whether metadata is available
- Whether witnesses can authenticate it
- Whether expert testimony is needed
- Whether there is corroborating evidence
- Whether alterations can be identified
The analysis often depends on the specific technology involved and the circumstances of the case.
Authenticity May Become the Central Issue
One of the most significant legal questions involving AI-generated content is authenticity.
Traditionally, a witness may authenticate evidence by testifying that it fairly and accurately depicts what it purports to show. AI-generated content can sometimes complicate that process because a realistic image or recording may not necessarily reflect actual events.
For that reason, parties may increasingly seek additional evidence demonstrating:
- The source of the material
- The chain of custody
- Device information
- Metadata
- Third-party records
- Witness testimony
The stronger the supporting evidence, the easier it may be to establish authenticity.
Can ChatGPT Conversations Be Evidence?
Potentially.
Parties may seek to introduce conversations generated through AI platforms for various reasons. However, courts may need to evaluate several questions before determining what significance, if any, should be given to such material.
For example:
- Who entered the prompts?
- Were the prompts accurately preserved?
- Was any part of the conversation edited?
- Is the content offered for its truth or another purpose?
- Is there sufficient evidence showing what actually occurred?
The answers may affect whether the evidence is admitted and the weight ultimately assigned to it.
What About AI-Altered Photographs?
Photo-editing software has existed for decades. Artificial intelligence has simply made alterations faster, more sophisticated, and sometimes more difficult to detect.
If a party alleges that an image was manipulated, the dispute may focus on:
- Original image files
- Metadata
- Device records
- Expert analysis
- Testimony from the photographer
- Comparison with other evidence
The mere existence of AI editing tools does not automatically render photographs inadmissible, but it may increase scrutiny concerning authenticity.
Could Expert Witnesses Become More Common?
Possibly.
In some cases, experts may be retained to examine:
- Digital forensics
- Metadata
- File histories
- Image manipulation
- Voice-cloning evidence
- Deepfake indicators
Whether expert testimony is necessary will depend on the complexity of the particular dispute and the issues presented.
Practical Tips for Litigants
If AI-generated evidence may be an issue in your case, consider:
Preserve Original Files
Original files often contain useful information that may not be available in screenshots or printed documents.
Maintain Context
Save complete conversations whenever possible rather than isolated excerpts.
Avoid Altering Evidence
Editing, annotating, or modifying files can create unnecessary authenticity disputes.
Keep Device Information
Phones, computers, cloud-storage records, and account information may become relevant if authenticity is challenged.
Consult Counsel Early
Because AI-related evidentiary issues continue to evolve, early legal analysis can help identify potential strengths and weaknesses in the evidence.
Will Indiana Courts Develop New Rules for AI Evidence?
It is possible.
Artificial intelligence technologies are advancing rapidly, and courts across the country continue to evaluate how traditional evidentiary principles should apply to emerging forms of digital content.
While existing rules concerning authentication, relevance, and reliability will likely remain important, future legislation, court decisions, and procedural guidance may further shape how AI-generated evidence is analyzed.
For that reason, broad predictions about how courts will rule on every AI-related issue should be approached cautiously. Many questions will likely be resolved on a case-by-case basis depending on the facts presented and the specific technology involved.
Conclusion
Artificial intelligence is beginning to affect many areas of family-law litigation. AI-generated images, audio recordings, videos, and written communications may increasingly appear in divorce, custody, parenting-time, and protective-order proceedings.
Whether such evidence will be considered by a court often depends on traditional questions involving authenticity, reliability, and relevance. As technology continues to evolve, litigants should expect courts to carefully examine the circumstances surrounding the creation and preservation of digital evidence before determining what weight it should receive.
Need Guidance on the Use of AI-Generated Content in Family Law Cases?
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you through the litigation process. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement