Divorce Litigants Turn to AI, Courts Push Back

Family law attorneys report more AI-generated client materials as courts sanction filings containing fabricated legal citations.

Updated on Nov. 3, 2026 in Divorce

Divorce Litigants Turn to AI, Courts Push Back

Live Poll

Would you trust an AI chatbot to help draft your own court filings?

Litigants in divorce and child custody cases are increasingly using AI chatbots to draft court filings and understand procedures. Courts across the country are responding with sanctions and restrictions on AI-generated documents containing fabricated citations.

Why it matters

Legal fees for divorce often range from about $2,000 to $7,500, while chatbot subscriptions cost under $20 a month, which pushes cost-conscious litigants toward AI tools. Courts are now treating unverified AI-generated filings as a procedural problem for everyone in the United States involved in family disputes.

A survey of 133 family law attorneys at Cordell & Cordell found 80% received client materials they believed were AI-generated, and Damien Charlotin's database lists 148 family law rulings tied to AI-linked fabricated citations, more than 100 of them from 2026. The full scope of undetected AI use in family courts remains unmeasured.

The players

Damien Charlotin

Charlotin is a researcher who maintains a public database tracking court rulings involving fabricated AI citations and teaches at UC Law San Francisco.

Cordell & Cordell

Cordell & Cordell is a national family law firm that conducted a survey of 133 family law attorneys on AI-generated client materials.

The details

Litigants use generative AI platforms to draft court filings, learn procedures, or challenge rulings, but these models do not verify financial records, bank statements, expenses, or witness testimony. In Avery v. Beauzil, decided by Florida's Fourth District Court of Appeal, a litigant filed at least 145 motions, many generated or heavily influenced by AI, prompting an order that bars further self-filed documents unless signed by a licensed attorney.

June 15, 2026: Florida requires filers to certify that cited legal authorities exist and are accurately represented.
2026: More than 100 family law rulings involving AI-linked errors were issued.

Big Picture

Charlotin's database now logs 148 family law rulings tied to AI-linked fabricated citations, and the growth of these entries since 2026 shows that the problem is spreading from general litigation into divorce and custody courts. Florida's new certification rule for court filings is one of the first state-level responses to that documented pattern.

Anyone filing divorce or custody paperwork should verify every cited case and statute before submission, since courts may sanction unverified filings. Florida filers must now certify that legal authorities exist and are accurately represented, and some Florida circuits also require disclosure of generative AI use.

The takeaway

Verifying every citation and fact in a divorce filing protects your case from sanctions, regardless of whether a chatbot or an attorney drafted it. Checking local court rules before filing is especially important because family law requirements vary by state and county.