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Core Cruise/Holmes divorce issues include custody, assets, prenup

On Behalf of | Jul 9, 2012 | Divorce

Commentators are heavily weighing in on how the recent Tom Cruise/Katie Holmes divorce announcement will ultimately play out, with a number of issues being pointed to and discussed.

Those include child custody of the couple’s young daughter, Suri. In Holmes’ recent divorce filing, she sought sole custody of the child.

Some close observers of the developing story who were asked for their comments — including judges and attorneys who have been paying attention to the matter — say that Holmes’ request increases the odds that the divorce could get contentious.

“Asking for sole custody is a clear indication that there’s a disagreement between them right now with regard to how they’re going to resolve issues of custody with Suri,” says one New York divorce attorney.

New York is certainly relevant to the divorce, given that Holmes filed for divorce there and the couple has a home in the state. Like Florida, and in contrast to California (a community property state in which a couple typically divides marital assets realized following marriage equally), New York is an equitable distribution state. A divorce outcome there is focused on what is fair and reasonable taking into consideration a host of marriage-related factors.

Did the couple execute a prenuptial agreement when they married?

“I’m sure there’s an iron-clad pre-nup,” says one judge

“Tom Cruise is not that crazy [to have foregone a premarital contract],” says a Hollywood-based public relations representative.

Cruise is 16 years older than Holmes, who is 33. Ironically, his two previous divorces — to actresses Mimi Rogers and Nicole Kidman, respectively — occurred when those women were 33, as well.

Source: USA TODAY, “Cruise-Holmes divorce could be a legal mess,” Maria Puente, Andrea Mandell, June 30, 2012