Most everyone has probably heard about Katie Holmes filing for divorce
from Tom Cruise and asking for full custody of their daughter, Suri. Those
living in New York have a front row seat right now because the case was
filed in New York where the couple have a home. However, that may change.
There are some who say Holmes' filing the divorce in New York may
not be valid.
Experts are beginning to share their opinions on the Cruise-Holmes
divorce. They are indicating that they believe it would be in Cruise's best
interests to see the divorce play out in California, where the couple
are said to have lived most of the time. While they do have a home in
New York, jurisdiction is typically based on continuous residency for
the past year.
So, with there being a real possibility that the case will be challenged
on jurisdiction for lack of residency, why did Holmes file for divorce
in New York? With a prenuptial agreement likely in place, the main issue
in this divorce may be custody of Suri. And legal experts observe that
courts in California are more prone to grant joint custody. In other words,
there's a possibility that Holmes' chances of getting sole custody
of Suri are potentially higher in New York than in California.
As sad as it is to see a family tearing apart, this very high profile divorce
and ensuing custody battle provide valuable lessons for anyone in New
York seeking to file for divorce. Regardless of the status of those involved,
the laws regarding divorce and child custody are intended to be applied
evenly. Anyone wanting to file for divorce would do well to ensure that
their rights are protected and that they fully understand their rights
and responsibilities when faced with these issues.
Source: Los Angeles Times, "Tom Cruise stands to gain if Katie Holmes divorce moves to California," July 3, 2012