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Katie Holmes Files for Emergent Application

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 divorce proceedings.

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.