There is no way this divorce won’t be contentious considering the what each party in the divorce wanted, with Katie Holmes wanting a sole custody, legal custody and an amount of child support of their kid and Tom Cruise wanting something different from that, most likely joint custody. It is a waiting game and time will tell what the outcome will be for both Katie Holmes and Tom Cruise
Is an amicable divorce on the cards for former Hollywood power couple Tom Cruise and Katie Holmes? Mission: Possible, hopes Cruise’s longtime legal representative.
The actor’s lawyer has spoken out following Holmes’ recent announcement that she is pulling the proverbial plug on her five-year marriage.
The 33-year-old actress filed divorce papers in New York on Thursday, citing “irreconcilable differences”, and is seeking sole custody of the couple’s six-year-old daughter Suri.
She has asked for legal custody, primary residential custody and a “suitable amount” of child support from Cruise, according to gossip website TMZ.
Sources claim Cruise, 49, was “blindsided” by Holmes’ decision to file for divorce, and that the actress’ decision to seek sole custody of Suri shows the “nastiness” behind the shock split.
“Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children,” Cruise’s publicist Amanda Lundberg revealed in a statement over the weekend.
“Please allow them their privacy.”
“This is a personal and private matter for Katie and her family,” Holmes’ divorce lawyer, Jonathan Wolfe, said. “Katie’s primary concern remains, as it always has been, her daughter’s best interest.”
By all accounts Holmes has assembled a team of high-profile legal muscle to handle her divorce proceedings.
The erstwhile Dawson’s Creek star has hired New Jersey divorce lawyer Jonathan Wolfe and New York attorney Allan E. Mayefsky, according to the Los Angeles Times, both of whom have experience handling high-profile wealthy breakups.
Meanwhile, Cruise has turned to legal rep Bert Fields to help assemble his legal team.
“We’re thinking about who to use,” said Fields. He added: “We have to discuss strategy.”
Reports suggest that Cruise has hired divorce lawyer Dennis Wasser to represent him in his split. Wasser famously represented Cruise in his divorce with Nicole Kidman.
Fields also hopes the former couple isn’t gearing up for a courtroom showdown.
“I would hope that it’s not a contentious matter,” he said. “I know Tom is not a particularly contentious person.”
The website claims that Cruise, who turns 50 on Tuesday, has told pals “there is absolutely no way” he is going to give up his daughter Suri without a fight, and is set to launch rival divorce proceedings in California.
Cruise, who is currently filming upcoming sci-fi flick, Oblivion, in Iceland, will also reportedly ask for joint custody of Suri.
A source said: “Tom will file a response in New York, asking that the divorce proceedings be halted in the Big Apple because California is the proper venue for the matter to proceed. Team Cruise is going to assert that Katie doesn’t meet the residency requirements to file in New York, and that both live full time in California, specifically Los Angeles.
“At the same time, Tom will file for divorce in California and will request joint custody of Suri. There is absolutely no way he is going to let Katie have sole custody.
“The lines are being drawn and this is going to shape up as a very contentious custody battle.”
The source added: “Tom’s lawyers will state in their response to Katie’s divorce petition in New York that she didn’t reside continuously in New York for a year, as the law states. Yes, they do have a home in New York, but Tom will argue that Los Angeles is where they live, period.”
Cruise, 49, and Holmes, 33, were married in an Italian castle in November 2006 after a year and a half together. Guests at the lavish bash included Jennifer Lopez, Marc Anthony, Will Smith and Jada Pinkett Smith and Church of Scientology leader David Miscavige, who served as Cruise’s best man.
The pair started dating in 2005, and later became engaged in Paris.
“Yes, I proposed to her. … It was early this morning at the Eiffel Tower, so I haven’t slept at all,” Cruise told People at the time, adding: “Today is a magnificent day for me, I’m engaged to a magnificent woman.”
Cruise recently dished on his relationship with Holmes in an interview with Playboy magazine.
“She is an extraordinary person, and if you spent five minutes with her, you’d see it,” he said. “Everything she does, she does with this beautiful creativity. She’s funny and charming, and when she walks into the room, I just feel better. I’m a romantic. I like doing things like creating romantic dinners, and she enjoys that.”
This was Holmes’ first marriage and the third for Cruise, who was previously married to Nicole Kidman, with whom he has two children, and Mimi Rogers.
The outcome of the legal battle between these titans on child custody will go down as very contentious if Katie Holmes and Tom Cruise stood their ground about who should get the custody of the daughter.