Tom Cruise is reportedly gearing up to try and move the divorce battle to California, but HollywoodLife.com has proof that Katie can say she’s a resident of the Big Apple to keep the case in NYC, which could end up in her favor. Read on for more details!
HollywoodLife.com has investigated and found that Katie has visited NYC at least 29 times, on average once per month, since August 6, 2011. Possibly, part of Katie’s long-term plan to establish residency in New York City — a strategic move that could keep her case in New York courts.
“In order for Katie to prove to the courts that she is a New York City resident, she has to show that she intended to make New York a fixed and permanent place to live. The photos of Katie in NYC that were taken every month will be a huge advantage for her,” Los Angeles attorney Mychal Wilson tells HollywoodLife.com EXCLUSIVELY. “The photos prove that she has been living in NYC consistently. The photos coupled with factors such as credit card receipts from department stores, grocery stores, restaurants and payment of New York taxes will all work in her favor. Katie was most likely advised to be seen in public in NYC with the intention of getting her photos taken. This was a smart, strategic move on her part to help her prove residency.”
And recently, Katie has hired top lawyer, Allan E. Mayefsky.
“Allan wouldn’t have taken Katie’s case if he felt there was a jurisdiction issue,” insists on of the attorneys HollywoodLife.com spoke to.
HollywoodLife.com has learned that Katie has a hearing on July 17 in front of Judge Matthew Cooper in New York. While nothing has been confirmed yet, Katie is expected to attend and Tom will likely be there, as well. And with photographic proof that she and Suri have established a home in New York, chances are slim that the case can be moved back to California.
“If Katie is in New York, and Suri is in New York, and they are New York residents … and the papers were legitimately filed … the action will remain in New York, and the California court should give deference,” explains Malcolm Taub, family attorney and partner at Davidoff Hutcher & Citron LLP.
But why keep the case in New York? According to Manhattan divorce attorney, Paul Catsadonis, Katie is more likely to receive full custody of their six-year-old daughter, Suri, in New York as opposed to California.
“She filed here [New York City] because in New York City the courts do not impose joint custody on the parties if the parties can’t co-parent,” Paul tells HollywoodLife.com.
And this is exactly why the photographs from the last year will benefit Katie and Suri.
“The pictures can be very helpful in evidencing her in New York,” top divorce attorney Vikki Ziegler tells us. “If Katie can show she owns property in New York [and that she] filed a tax return for 2011 [with] New York as her main address … Is Suri enrolled in class in New York? Does Suri have doctors in New York? This can all help her.”
In order to be a New York resident, Katie has to prove that she’s lived in the Big Apple for a year. Even though she’s only been photographed an estimated 29 times, the judge will likely consider Katie’s hectic lifestyle.
It’s all starting to make sense now — why Katie has been all smiles in front of the paparazzi in the last year. She is definitely one smart lady!
What do YOU think, HollywoodLifers? Vote and weigh in below.
— Reporting by Sandra Clark, Chloe Melas and Nicole Karlis, written by Nicole Karlis
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