AI, Deepfakes, And Your Divorce: The New Wave Of Evidence Is Here
We’ve all gotten used to the idea that a Ring camera or an angry text message can be a star witness in a divorce case. That’s 21st-century divorce 101.
But what if the “evidence” isn’t just a recording of what happened? What if it’s a recording of something that never happened?
Welcome to the new and slightly terrifying world of AI, deepfakes, and voice cloning. This isn’t a sci-fi movie plot. It’s a very real and very new challenge that’s showing up in courtrooms right now.
Imagine this: Your spouse’s attorney plays a voicemail. It’s your voice, and you’re screaming threats. Or they produce a video of you in a place you’ve never been with a person who doesn’t exist. This is the next level of digital warfare in a high-conflict divorce. If you have questions about AI and evidence, our Chicago, IL complex divorce lawyer is here to help.
How Is This Happening?
The same AI technology that lets you create fun and fake movie trailers can also be used for more sinister purposes. AI voice-cloning tools can take just a few seconds of your real voice (from an old voicemail or a social media video) and learn to make it say anything.
Deepfake video technology can realistically map your face onto another person’s body.
How Do You Fight A Ghost?
This is where having a tech-savvy legal team is no longer a nice to have but rather a necessity.
The legal concept at the heart of this is authentication. The person trying to use that evidence against you has the burden of proving to the judge that it’s real, and that’s a lot harder than they think.
When a client tells us a piece of digital evidence is fake, we bring in our own CSI: Digital team. This is where a forensic specialist becomes your most valuable player.
They can analyze the digital DNA of that audio file or video:
- Metadata analysis: They look at the file’s hidden data. When was it created? On what device? Has it been edited?
- Audio spectrograms: They can visually analyze a sound wave to find anomalies and splicing that the human ear can’t catch.
- Artifacts: AI-generated video often leaves behind tiny imperceptible visual mistakes (like weird blinking or strange shadows) called artifacts that a specialist can identify.
This isn’t the Wild West. There are rules, and we know how to use them to expose fake evidence for what it is: a desperate and often illegal tactic.
A final and very important word of warning: Do not try this yourself. If you are ever caught manufacturing fake evidence to help your case, you could be charged with perjury and be ordered to pay every dollar of your ex’s attorney fees. It’s a road to ruin.
Your divorce is complicated enough without starring in a Black Mirror episode. If you’re facing a high-tech and high-conflict separation in Illinois or Michigan, you need a team that’s ready for 21st-century evidence. Connect with Merel Family Law today and let’s get your story straight.
