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Tom Cruise, Katie Holmes line up attorneys

Tom Cruise and Katie Holmes on the red

Tom Cruise and Katie Holmes on the red carpet as they arrive for the premiere of the film "Knight and Day." Credit: AFP/Getty Images, 2010

Following the surprise announcement of Katie Holmes' divorce filing, Tom Cruise has retained the attorney he used in his 2001 divorce of his second wife, Nicole Kidman.

Dennis Wasser will again represent the "Mission: Impossible" movie-series star, the Los Angeles Times reported Sunday, adding that Cruise, who turns 50 Tuesday, is also seeking an attorney in New York. Holmes, 33, filed in Manhattan on Thursday, asking for sole legal custody and "primary residential custody" of the couple's daughter, Suri, 6.

"I would hope that it's not a contentious matter," Cruise's longtime litigator, Bert Fields, told the Times. "I know Tom is not a particularly contentious person." When asked whether there was a prenuptial agreement, Fields told the paper: "I can't comment on that. It will all come out."

Former "Dawson's Creek" star Holmes has retained two attorneys specializing in wealthy couples' divorces: Jonathan Wolfe, a partner at Skoloff & Wolfe of Livingston, N.J.; and Allan E. Mayefsky of Manhattan's Aronson Mayefsky & Sloan, who represented Christie Brinkley and Joan Lunden in their respective divorces. "We are representing Katie, but that is all I can tell you," Mayefsky told the Times.

California divorce attorney Michael Kelly, who is not involved with the case, told The Associated Press that Holmes' New York filing appears to be "a tactical move." While California, where the couple has a Los Angeles home, has no-fault divorce, New York has comparative-fault laws, signaling that "there will be an attempt to gain an advantage," Kelly said.

Holmes and Suri were seen moving from the family's Manhattan apartment Thursday to a new place in the city, near a gymnastics studio where Suri takes classes, People magazine said. Holmes rented the property just before her divorce filing, Us Weekly added.

According to, Cruise will ask the New York court to halt the proceedings, arguing California is the proper venue, and that there the actor will request joint custody of Suri.

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