Risks of Using Artificial Intelligence in Family Law Cases

If you are going through a divorce, custody dispute, support issue, or another family law matter, it is understandable to look for answers wherever you can find them. Artificial intelligence (“AI”) tools have become an increasingly popular source of legal information because they are easy to access and can quickly generate responses to legal questions. For someone facing a stressful legal problem, AI may feel like a helpful place to start.

However, AI should never be relied upon as a substitute for independent research, careful verification, or competent legal advice tailored to your specific situation.

One of the biggest risks with using AI tools is that it can generate information that sounds polished and authoritative but is actually incorrect, misleading or entirely fabricated. This phenomenon is often referred to as an AI “hallucination.” It may also provide you with outdated information causing you to rely on inaccurate information that can affect what you file, the relief you request, the deadlines you meet, and how you present your case. It can also lead to unnecessary delays, increased costs, adverse rulings, and even court-imposed sanctions.

The California Court of Appeal recently addressed this issue in Sheerer v. Panas (2026) 119 Cal.App.5th 367, a family law appeal involving child support. In that case, a self-represented litigant filed a brief that had been prepared using AI and contained fabricated legal citations and quotations generated by the AI tool. The litigant’s brief also failed to comply with the procedural requirements set forth in the California Rules of Court.

The Court made clear that self-represented litigants are held to the same standards as attorneys when it comes to verifying legal citations and following procedural rules. The Court further warned that the consequences for fabricated or missing citations are not limited to having a brief disregarded; courts may also impose monetary sanctions.

The potential consequences of relying on AI-generated information are particularly significant in family law proceedings, where the issues involved are often deeply personal and the stakes are high. Issues involving child custody, parenting time, child and spousal support, property division, and personal safety can have lasting consequences for you and your family. For that reason, it is important to ensure that the information you rely on is accurate, current, and applicable to your particular situation.

Moreover, family law cases are often highly fact-specific. Two cases may appear similar on the surface but may produce very different outcomes depending on the particular facts, evidence, and legal issues involved. Unlike legal professionals, AI tools are unable to fully understand the nuances of your case, evaluate evidence, assess credibility, or provide the strategic guidance and judgment that comes from years of legal training and experience.

Before making decisions that may affect your rights, your children, your finances, or your future, it is important to consult with experienced legal counsel. At Mello & Pickering, LLP, our attorneys bring more than 50 years of combined family law experience and have helped guide many clients through divorce, custody, support, and other family law matters. Call our office at (408) 288-7800 for an initial consultation.