Russell I. Marnell of The Law Offices of Russell I. Marnell, P.C., says that divorce proceedings between actors Tom Cruise and Katie Holmes might get contentious and that Ms. Holmes might get her wish for sole custody of her daughter if she is able to have the case tried in New York State, based on certain factors.

It was reported that, on June 28, Katie Holmes filed for divorce from Tom Cruise after five and a half years of marriage. She cited an irretrievable breakdown in the marriage and is seeking full custody of their six-year-old daughter, Suri. Ms. Holmes may have filed for divorce because she does not share the same religious beliefs as her husband — he is a Scientologist, she is Catholic — and that she did not want her daughter to be raised as a Scientologist. Ms. Holmes is seeking to have the case tried in New York, where it is easier for one parent to gain sole custody, while Mr. Cruise wants the case tried in California so he can get joint custody.

“The courts in New York generally do not order joint custody if the parties have an acrimonious relationship,” Mr. Marnell said. “Usually, joint custody is arrived by an agreement between the two parties.” Mr. Marnell says a joint custody agreement would allow parents to make the decisions on what’s best for their child concerning major issues, such as medical and health-related issues and religious and educational issues.

Although the couple split their time between California and New York, Mr. Marnell says that, under New York’s Custody Enforcement Act, sole custody can be awarded if residence in the state has been established in the past six months. It was reported that Ms. Holmes had secretly rented an apartment in New York and that she was planning to file for divorce.

“Even if Mr. Cruise resides in another state, the New York courts can still award sole custody if the child has lived in New York for the past six months,” Mr. Marnell said.

Mr. Marnell says this divorce might wind up like other Hollywood marriages that soon dissolve and wind up in court. “It might get nasty,” he said. “They are both famous entertainers and they both have the money to litigate if they had to.”

For more information, call (516) 542-9000 or visit www.marnelllaw.com.