Well! Well! Well!
Seems like everyone might need to give Katie Holmes a lil' more credit these days!
Because gurl filed divorce papers in New York with a very clever motive…
Unlike California, the state of New York can look into the issues causing a need to file for divorce and use those in judgement.
And according to a super-close Katie source, she's got killer legal advantages here:
"Katie is getting excellent legal advice because under New York family law a judge is allowed to consider a multitude of reasons why a marriage should end. New York is NOT a no-fault state like California, allowing for more flexibility in determining the reason the marriage came to an end, if either the plaintiff or respondent contributed to that, and in what capacity. Allegations of cheating or verbal/physical abuse are taken very seriously in New York and can be determining factors in custody and support issues."
Of course, Katie doesn't plan to argue over the prenup as she's plenty rich on her own, but she will fight tooth and nail for sole custody of Suri.
As we've mentioned before, Katie will absolutely not let Suri delve deeper into Scientology with Tom Cruise.
Now, this isn't to say she doesn't think he's a great father. The insider explains:
"Katie wants Tom to be a big part of Suri's life, and he is a great father, but she wants to be the primary custodial parent that raises Suri."
But we have a feeling Tom's not gonna take this sitting down..
There's about to be a show-down in apple town!!
[Image via Jody Cortes/WENN.]
Tags: custody battle, divorce, filed in new york, katie holmes, new york, sole custody, suri cruise, tom cruise