In a divorce proceeding, when one partner files an emergent application
to determine immediate
child support and custody issues, the other partner in the divorce has no choice but
to use a lawyer from the state the application was filed. The motion also
means that the couple will now have to appear before a judge and there
will no longer be an out-of-court settlement.
When Katie Holmes took out an emergent application in New York on Tuesday,
insiders believe she did so because she feared her husband Tom Cruise
would not cooperate with her on
child custody issues. An unnamed source stated that “Katie doesn’t anticipate
Tom cooperating,” as there are rumors he will be filing in California
and arguing that the litigation should be there instead of New York. New
York courts are more apt to grant the mother sole custody in antagonistic divorces.
When most celebrities
divorce, they settle out-of-court to prevent the media from being involved in
their case. By Katie Holmes filing the emergent application, her divorce
will now be tried in an open court room, which not only means that anyone
can walk in and see what’s happening, but that the couple is putting
their case in the hands of a judge as well. The judge will be the person
making the decision as to what will happen next in the couple’s
Most celebrity couples do not want this as they want the divorce to be
as low key as possible. This is an aggressive move for Holmes to take
and it suggests that she believes there will be a contentious divorce
battle to come.
For Tom Cruise, who is being represented by Dennis Wasser, one of Los Angeles’
top divorce lawyers, the emergency motion means he will now have to hire
his own New York-based attorney and will also have to appear with Katie
before Judge Matthew Cooper on July 17 in open court.