"We are letting the other side play the media until they wear everyone out and then we'll have something to say," Fields told the BBC on Thursday. "It's not Tom's style to do this publicly. He is really sad about what's happening."
Fields, who is not handling the divorce, has been Cruise's attorney on other legal matters for decades. Famed family law attorney Dennis Wasser along with a team of New York lawyers, are actually handling the bust-up.
"Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri," Fields added.
As RadarOnline.com has been reporting, Katie filed for divorce June 28 in New York. She's asking for sole legal and primary physical custody of their six-year-old daughter, Suri.
Katie has two East Coast law firms representing her, and she was spotted going into one of their office buildings on Friday just before Fields made his comments.