A new digital threat is finding its way into divorce and custody battles: AI-generated deepfakes.

By definition, a “deepfake,” is a sophisticated yet completely fabricated form of media that is generated using artificial intelligence. These manufactured videos, photos, audio clips or documents can place someone in compromising situations they never actually experienced. For people navigating tenuous family law conflicts, the consequences can be devastating.

Reports show that AI-generated content has skyrocketed—up 900% annually since 2019. The majority of victims are female, with studies indicating that 90–95% of online deepfakes are nonconsensual pornography featuring women. The media might show someone saying or doing something he or she never did to malign their character or falsely implicate them in an illegal or immoral act. But the problem extends beyond intimate imagery. Fraudulent evidence can also include:

Something suggesting someone is unfit to parent, such as neglect, abuse, or substance abuse
Manipulated audio, video or screen shots signifying domestic violence or spousal abuse
Falsified bank or financial records
Generated content that appears to imply that previous (genuine) evidence was fake

Recognizing the harm caused by nonconsensual intimate imagery, Congress passed the Take It Down Act in May 2025, making it a federal crime to publish or threaten to publish such content. Platforms that host such content must maintain clear procedures for individuals to request the removal of something published without their consent and have a 48-hour window to follow through on such a request.

Beyond the plain fact of misinformation, courts are placed in a precarious position when it comes to deepfakes: how do they determine whether evidence is credible? There have been proposed changes to rules of evidence suggesting how courts respond, and many ongoing discussions on these and additional strategies.

In the end, one thing is clear: navigating a divorce is difficult enough without the added trauma of digital exploitation. It may help to work with a law firm who possesses the dual-edged experience of both family and criminal law, one that can not only protect your future in the divorce decree but will work tirelessly to ensure that digital abuse is met with the full weight of legal accountability. Arm yourself with the experienced, winning representation of Williams Family Law. Contact us at 215-340-2207 or email info@bucksfamilylawyers.com.