After word got out that Holmes, 33, is seeking sole custody of the estranged couple’s six-year-old daughter Suri, many wondered if the Batman Begins actress — and her trusted legal team — will use the 49-year-old actor’s past marriages as a way to help her win her case.
Read on for new developments about their divorce.
1.) The court may look at Cruise’s adopted children with ex Nicole Kidman — Isabella, 19, and Connor, 17 — to determine his child-rearing abilities.
“How he raised or related to his older children from his previous marriage is admissible evidence,” California-based lawyer Catherine Lombardo told Celebuzz. “[Holmes] will have to prove to the judge, to the court, with competent evidence why she should be the primary caregiver.”
2.) Cruises lawyer says the actor wants to settle the split “amicably.”
“I would hope that it’s not a contentious matter,” long-time and powerful attorney Bert Fields said of the divorce. “I know Tom is not a particularly contentious person.”
3.) However, Cruise is planning to file divorce papers in California.
According to Radar Online, the Rock of Ages actor has plans to file a response in New York asking that the proceedings be halted and moved to California instead, as Holmes may not meet the residency requirements to file for sole custody in the Big Apple.
“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,” a source close to the situation told the site.
4.) Holmes has a lot more work cut out for her.
“The moving party, Katie, would have to prove the child is not safe with the father,” Lombardo told Celebuzz of what Holmes needs to do to be granted sole custody. “She is the moving party and therefore it is her burden to [prove] that it is in the best interest of her child to be with her and not with the father.”
5.) All of Cruise’s marriages fell apart when the wives turned 33.
Is there an unlucky number for Cruise’s exes? The Mission: Impossible star’s first and second wife — actresses Mimi Rogers and Kidman respectively — were both 33 when they officially split from Cruise. Holmes is currently of the same age, and will turn 34 in December 2012.
6.) Everything was still fine on Father’s Day.
An eyewitness who saw Cruise and Holmes out on June 16 told Us Weekly that the couple were “very happy” during Cruise’s Father’s Day family dinner at Sushi Samba in Reykjavik, Iceland, where the actor was shooting his new movie Oblivion. “They both looked after Suri and she was getting the main attention at the table, but Tom and Katie would look at each other and smile,” the source said. “It’s almost impossible to think they’re getting divorced because they seemed very happy that night.”
For more on Cruise and Holmes’ multi-million divorce, check out Celebuzz’s full coverage below.
Tom Cruise and Katie Holmes Divorce: Celebuzz’s Complete Coverage
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