During a divorce, one spouse sometimes alleges the other spouse abuses the couple’s children physically, mentally, emotionally, or sexually—or endangers the well-being of the children by exposing them to inappropriate and illegal behavior such as the use and selling of illegal drugs. Allegations of child abuse are especially serious and the courts treat them as such—often involving child protective services and the district attorney’s office, which may result in the filing of criminal charges.

A spouse who reports the other spouse’s abuse or child endangerment may unexpectedly face allegations and charges for participating in, facilitating, or failing to stop or previously report such behavior, allowing it to continue.

And although parents have an obligation to report child abuse, it is a criminal offense to intentionally make a false report of child abuse to gain advantage in a child custody or divorce lawsuit, for example.

In New Jersey, allegations of child abuse during a divorce are taken very seriously by the courts. If one spouse accuses the other of abusing or endangering their children, the court may involve child protective services and the district attorney's office, potentially leading to criminal charges. New Jersey law requires parents to report suspected child abuse, but it also criminalizes the act of intentionally making false allegations of child abuse to gain an advantage in divorce or custody proceedings. If a spouse is found to have made a false report, they may face legal consequences. Additionally, a spouse who is aware of abuse or endangerment but does not report it, or is perceived to have facilitated it, may also face allegations and charges. The state's priority is the safety and well-being of the children, and the legal system is structured to address these concerns promptly and thoroughly.