- (PHOTO) Twitter: Katie Holmes
Katie Holmes has requested an "emergent application" to make her divorce trial from Tom Cruise public in the New York City court system.
The 33-year-old actress abruptly filed for divorce on June 28 and has already taken several aggressive steps in the estranged couple's divorce, one of which includes demanding sole custody of their 6-year-old daughter Suri Cruise, according to Hollywood Life.
"Katie filed an 'emergent application' in New York City on July 3. It's a motion seeking temporary emergency relief, which can include child support and custody. It also means that Tom is going to have to hire a New York lawyer - he can't use his Calif. lawyer anymore," a source told HL.
"The motion also means that both Tom and Katie have to be present in court on July 17. A judge is now assigned to their case, which means it's no longer going to be an out-of-court settlement. They are scheduled to appear before Judge Matthew Cooper on July 17 at 9:30 AM," the source added.
Holmes, who reportedly plotted her divorce filing for weeks prior to June 28, is said to be receiving advice from Martin Holmes, her father and also an Ohio-based divorce attorney.
She reportedly ended her five year marriage to Cruise, a devout Scientologist, over his deep rooted involvement in the controversial religion. Holmes, who was raised Catholic, feared that Suri would have a strict Scientology-based upbringing if she stayed married to Cruise.
"Katie doesn't anticipate Tom cooperating, and there have been rumors that he's going to file in Calif. and argue that litigation should be there rather than New York. Bottom line: if you file an emergency motion, you don't believe there's going to be cooperation from the other party or you need an order that only the court can give. It might have something to do with trying to control the media. They filed under anonymous verses anonymous to avoid the media. Most celebs do that," the source explained.
"It's unlikely for a celebrity to file an emergency hearing, because most celebrities settle out of court because they don't want the media involved in their case. Katie and Tom are now going to have an open court room, which means that anyone can walk in and see what's happening," the source added. "Plus, they are putting their case in the hands of a judge who is going to determine what happens next. Most public figures don't want that - it's a last resort. It's super-aggressive for Katie to have taken these steps. It suggests that there's going to be a contentious divorce battle to come."