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Tom Cruise To File For Divorce In California

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Jul. 1 2012, Published 11:05 a.m. ET

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By Jen Heger - Radar Assistant Managing Editor

Tom Cruise will file for divorce from Katie Holmes in California, and is gearing up for a bitter custody battle over their six year old daughter, Suri, RadarOnline.com is exclusively reporting.

As RadarOnline.com previously reported, Katie's lawyer announced she'd filed for divorce and that was quickly followed by a statement from Tom's rep, who said, “Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children. Please allow them their privacy."

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Holmes filed for divorce in New York, and is seeking sole legal custody and primary physical custody of their daughter, Suri.

Cruise "will file a response in New York, asking that the divorce proceedings be halted in the Big Apple because California is the proper venue for the matter to proceed. Team Cruise is going to assert that Katie doesn't meet the residency requirements to file in New York, and that both live full time in California, specifically Los Angeles," a source close to the situation tells RadarOnline.com exclusively.

"At the same time, Tom will file for divorce in California, and will most request joint custody of Suri. There is absolutely no way that he is going let Katie have sole custody.  The lines are being drawn, and this is going shape up to be a very contentious custody battle," a source says.

Team Cruise does appear to have the the law on his side about where the divorce proceedings will take place. Under New York law, the residency requirements for divorces to take place in that state, "The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began. The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began."

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Cruise and Holmes were privately married in L.A. and then had a lavish civil ceremony in Italy.

Cruise's lawyers "will state in their response to Katie's divorce petition in New York that she didn't reside continuously in New York for a year, as the law states. Yes, they do have a home in New York, but Tom will argue that Los Angeles is where they live, period," the insider says.

Cruise and Holmes have homes in Los Angeles, New York City and Telluride.

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