Update: It’s Katie who has filed for divorce and she is seeking sole custody of their daughter Suri.
Katie Holmes is the one who filed for divorce and Tom Cruise was “blindsided” by Katie’s legal move … TMZ has learned.
We know Katie filed the divorce docs in New York on June 28, citing “irreconcilable differences.” She is asking for sole legal custody and “primary residential custody” of the couple’s 6-year-old daughter, Suri.
We also know Katie is asking for a “suitable amount” of child support .. this according to the divorce docs.
Katie also asks for a division of property in her divorce docs, although we know there was a significant prenup that is based on California law. Katie makes no mention of the prenup in her filing.
We’re told Tom is ”very sad” and “did not see this coming.” He was spotted wearing his wedding ring just this week while filming in Iceland. Interestingly, Katie also wore her ring this week.
Meanwhile, his rep confirmed that Holmes filed the papers.
“Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children,” says a statement from his rep. “Please allow them their privacy to work this out.”
They haven’t been seen together in months and she was noticeably absent from his side as he promoted his new film Rock of Ages.
Now the news has just broken that Tom Cruise and Katie Holmes have not only split, but are divorcing!
After five years of marriage, it’s well and truly over for the pair.
“This is a personal and private matter for Katie and her family,” says Holmes’s attorney Jonathan Wolfe told PEOPLE. “Katie’s primary concern remains, as it always has been, her daughter’s best interest.”
Cruise, 49, wed Holmes, 33, in an Italian castle in November 2006. They have daughter Suri, 6.
While more details will emerge in coming days, one thing that struck us upon hearing the news was the persistent rumors that Katie signed a five-year contract to stay married to Tom.
Just gossip? Or coincidental timing that they didn’t make it to the six-year mark?