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Katie Holmes lawyer: No expedited request

Katie Holmes leaves a TV studio in Times

Katie Holmes leaves a TV studio in Times Square in Manhattan on July 2, 2012. Credit: Getty Images

One of Katie Holmes' divorce lawyers denied a report Wednesday that the actress sought an expedited custody and child support hearing in her divorce from husband Tom Cruise.

"Other than her action for divorce, the only pending application filed by Ms. Holmes remains her request for an anonymous caption," Jonathan Wolfe told People magazine, referring to when court papers are filed anonymously. reported earlier Wednesday that Allan Mayefsky, Holmes' other divorce attorney, had filed what is known as an "emergent application" and that a hearing before Judge Matthew F. Cooper of New York County Supreme Court had been set for July 17.

An emergent application is filed when a party believes irreparable damage would result if a motion or an appeal were to follow a regular timetable.

A party must establish that the issue truly requires prompt action and that the filing has a reasonable likelihood of success on its merits. Typically, both parties must appear in person at the hearing.

Holmes, 33, filed her divorce petition in New York on Thursday and asked for sole legal custody and "primary residential custody" of her and Cruise's daughter, Suri, 6, who now lives with her mother at the Chelsea Mercantile apartment house in Manhattan's Chelsea neighborhood.

The "Dawson's Creek" star has retained two attorneys specializing in wealthy couples' divorces: Wolfe, a partner at Livingston, N.J.'s Skoloff & Wolfe; and Mayefsky, of Manhattan's Aronson Mayefsky & Sloan, who represented Christie Brinkley and Joan Lunden in their respective divorces.

Cruise 50, has retained Dennis Wasser, the attorney he used in his 2001 divorce from second wife, Nicole Kidman.

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