Actress Katie Holmes filed for divorce from her husband of 5 years, Tom Cruise, last Thursday.   The pair met and married quickly and have been the subject of Hollywood speculation for the duration of their relationship.  Holmes, 33, has one 6 year old daughter, Suri, with Cruise.  Cruise has two adopted children from a previous marriage with actress Nicole Kidman.  It has been reported that Cruise was surprised to learn of Holmes’ filing.  This is the end of Cruise’s 3rd marriage, while Holmes’ first.

Fault vs. No Fault Divorce

Holmes filed for divorce in the state of New York.  There has been much speculation as to her motivation for filing in a “fault” divorce state.  In New York and other states that allow a petitioner to file for divorce on fault-based grounds.  In New York, you may file for a fault-based divorce based on several  grounds:

  • Cruel and Inhuman Treatment
    • Physical, verbal or emotional abuse that endangers your physical or mental well being.
    • The judge will look for occurrences in the last 5 years.
  • Abandonment
    • Your spouse must have abandoned you for a period of one or more years.
    • “Constructive Abandonment” is applicable if your spouse has refused to engage in sexual relations with you for a period of at least one year.
  • Three Consecutive Year Imprisonment
    • The imprisonment must begin after the marriage and last for a period of 3 consecutive years.
  • Adultery
    • Must be able to show that your spouse committed adultery during the marriage, which can prove to be difficult.

In Holmes’ and Cruise’s case, there is, of course, much speculation as to why Holmes would have filed in New York.  Many believe that Cruise’s intense commitment to Scientology may have played a role in their split.  In the petition, Holmes has claimed that the couple is unable to continue the marriage because of irreconcilable differences.  Cruise is expected to file a response in New York requesting the proceedings be moved to California.

Cruise and Holmes have a pre-nuptial agreement, so financial considerations will most likely not be a major issue in their divorce.  Holmes could challenge the agreement, however, the main issue will almost certainly be custody of their daughter.  Holmes has filed for sole custody of Suri along with an “appropriate” child support amount.

Iowa:  a No Fault Divorce State

Iowa is considered a no-fault divorce state.  The Iowa Code addresses dissolution of marriage in Chapter 598.

Officially called “dissolution of marriage” in Iowa, a divorce will be granted when there is evidence of a breakdown of the relationship with no likelihood it can be preserved.  There is no requirement for a spouse to place blame on the other spouse.  After filing for dissolution, a judge may require the couple to participate in conciliation efforts for a period of up to 60 days.  For example, Polk county requires the couple to participate in mediation.  Iowa Code section 598.7 addresses this requirement.  Also, there is a 90 day waiting period in Iowa from the time of filing until a judge can issue a final decree, although this requirement may be waived under certain circumstances.

It remains to be seen just how nasty Tom Cruise and Katie Holme’s divorce will be, however, we can be assured that whatever happens, there will be intense media coverage of every detail!

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