|The Fairy-tale Is Over
Tom & Katie Part Ways
On Friday, June 29, Katie – in a surprise move even to her husband Tom – filed for divorce in New York City, asking for sole custody and primary residential custody of Suri! Now, a new report says that Tom, 49, will fire back by filing for divorce and joint custody of Suri in California!
Sending shockwaves throughout the showbusiness world with the news, Katie's lawyer Jonathan Wolfe confirmed the split, saying: "This is a personal and private matter for Katie and her family. Katie's primary concern remains, as it always has been, her daughter's best interest."
The decision to divorce was not mutual, was the statement subsequently released by Tom's publicist, which read: "Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children. Please allow them their privacy to work this out."
To some, the statement seemed to indicate that the actor was still hoping matters could be resolved.
American website TMZ, however, reported that Katie filed divorce papers – anonymously – in New York on 28 June citing "irreconcilable differences", and that she was seeking custody of the couple's six-year-old daughter Suri.
When the split was revealed, Tom was in Iceland, filming sci-fi adventure movie Oblivion, while Katie, 33, was in Manhattan with their daughter.
Katie and Tom got engaged after a whirlwind romance of two months – he proposed with a £175,000 diamond engagement ring at the Eiffel tower. In the early days, Tom in particular was famously effusive about his new love.
At a press conference held shortly after the couple got engaged, he declared: "Today is a magnificent day for me, I'm engaged to a magnificent woman."
Katie gave birth to Suri in April 2006, and they married seven months later at the 15th-century Odescalchi castle in Italy. It was wedding number three for Tom, who was married to actress Mini Rogers for three years and then to Hollywood star Nicole Kidman for ten.
As one of Hollywood's most high-profile couples, they married in a £1.2million ceremony.
The couple had their first encounter at a meeting to dicuss the possibility of Katie starring alongside Tom in Mission: Impossible III, after both had admired each other from afar. As recently as May, Tom was still full of praise and warmth for his wife.
However, in recent months, some reports have surfaced about trouble between the couple. One US magazine ran a story with the headline "Tom & Katie: Marriage in Crisis", which said they were struggling to keep the relationship together.
Now, with divorce proceedings announced, the foucs has shifted to speculation about how much of the couple's joint estimated fortune of $275million she will receive. The couple are thought to have signed a prenuptial agreement, but according to one report Katie has asked the court for a "suitable amount of child support", as well as a division of property.
But of course, for Tom Cruise and Katie Holmes, it is their most precious possession – their daughter Suri – who will no doubt remain their top priority at this difficult time.
Tom Cruise was divorced from all three of his wives at their age of 33; Mimi Rodgers, Nicole Kidman, and Katie Holmes.
No Pre-Nup Money For Holmes?
The divorce battle between Katie Holmes and Tom Cruise will end up in Tom's favour financially. Their pre-nuptial agreement reportedly reads that Katie will walk away with exactly what she brought in, according to TMZ, and that's far less than the $15 million that was reported earlier in the week.
However, sources say that Katie isn't stressing about the money.
"She's not about the money. She's not that girl. She loves to work," a source tells TMZ.
Combined TomKat is worth about $275 million.
The real battle will be about their six-year-old daughter Suri.
Uphill Sole Custody Battle For Katie Love For Each Other
According to divorce attorney Vikki Ziegler, Katie most likely filed for divorce in New York state because the courts are slightly more open to awarding full custody to a parent, whereas in California, the courts are more favourable to joint custody.
But before Katie, 33, can even go to court in New York, she's going to have to fend off Tom's challenge to have the divorce case decided in California! Tom is going to try and prove that the couple's primary residence has been in Los Angeles and therefore, the divorce and custody must be decided in California!
"Katie needs to prove that she has lived full-time in New York City for a year for the divorce to be decided here," explains Ziegler. The judge will look at what state her driver's license is registered in, where her taxes are filed, and what's her main mailing address!
Also, hopefully, Katie and Tom's prenup doesn't state that any divorce must be done in California, otherwise, the prenup will determine where their divorce case is heard!
"Since Katie filed first, it's up to Tom to prove if California is, in fact, the proper jurisdiction and Katie doesn't meet the residency requirements," says Ziegler. No doubt, this is why Katie filed in New York City because Tom now has to prove that New York is only a temporary residence!
However, the biggest problem Katie has is that she must prove that Tom is an unfit parent! "Maybe she'll argue that his scientology beliefs are dangerous for the child and he's not capable of making sound decisions on her behalf," added Ziegler.
"She can also say that she's been with the child full-time while he's been travelling, she's a better parent and should have full decision making power over the health, welfare and education of the child," says Ziegler who adds that, "this is generally hard to prove."
Katie may need to know something that the rest of the world doesn't which could sway a judge to see that it's not safe for Suri to be with Tom!
Tom and Katie were known for expressing love for each other on and off. Here are some of their love quotes:
I think every little girl dreams about the wedding. I used to think I was going to marry Tom Cruise.
From the moment I met him it just felt like I'd known him forever. I was blown away. He's the most incredible man. He's so generous and kind and he helps so many people and he makes me laugh like I've never laughed and he's a great friend. Tom and I will always be in our honeymoon phase… Tom is the most incredible man in the world.
I knew that I wanted to marry her after the first day I met her.
I'm a romantic. I like doing things like creating romantic dinners and she enjoys that. I don't know what to say – I'm just happy, and I have been since the moment I met her. What we have is very special.