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!
Katie Holmes has reportedly been planning to leave Tom Cruise for two years now — and coincidentally — the 33-year-old has been photographed in NYC at least once a month since August 2011.
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
More Tom & Katie News:
- Tom Cruise Wants To File For Visitation Rights & Sole Custody Of Suri — Report
- Katie Holmes’ Father Plotted Escape From Tom Cruise Marriage Like Covert Operation
- Tom Cruise Fires Back At Katie: You’re Using Suri As A Weapon
View Comment
MrsMcMedic
Posted at 9:35 AM on July 8, 2012
I have been doing a lot of research on Scientology and what the main purpose is. I have been a Christian my entire life so I did not understand why these people were so sucked in to this “religion”. Here is what I have come up with so far: Scientology and L. Ron Hubbard’s main goal was money. Lots of money. These celebrities who have been so confused for so long with all of the media and drama that goes along with the lifestyle were no doubt easy prey for the gold digging COS. With the money they can contribute and the large fan base, I am certain digging their claws into Cruise, Travolta, Smith (all BIG names) was a very strategic move. Any ” religion” that bases it’s entire teachings on some alien named Xenu and past lives and absolute control of it’s “members” is not anything good. It is a cult, and it runs very deep. I have read many stories from ex members and they all tell the same story with different details. The COS has always come forward to discredit the stories, but how can they when all of the stories are so similar. I would love, and I mean LOVE, to see someone try to tell me my family are all suppressive persons and I have to disconnect from them or become an SP myself. That would go over like a fart in church! C’mon Tom! You have been so blinded and manipulated by these money hungry control freaks. Your family is far more important then thetans, e-meters, auditing, and OT levels. David Miscavige has done nothing at all to benefit who you are or your family. Geez, I’d love for you to accept Christ, but at this rate even atheism is a better option than Scientology. Your daughter will suffer at your hand because you are too blind to see the light. Oh to have just a face to face meeting with you Tom, we would have great conversation and there is nothing you could ever say to me to make me want what you have.
And for anyone who wants to liken Christianity to a cult, I choose to have a relationship with Jesus. I can turn away at any time and no one is going to do anything to ever try and stop me. No papers to sign, no routing out, no fearing for my life. I am still in control of my choices. No one forces me to do anything. And I do not have to pay anyone to hold some metal cans to better myself. My church is free, and that is how it should be. Yes the bible clearly says to tithe, but it is by no means anything I am going to be kicked out of church over. It is for a person to deal with on a personal basis.
Look up the “Ex Scientology Kids” site. You will have your eyes opened to this cult like never before.
Linda
Posted at 12:15 AM on July 9, 2012
Mrs McMedic
You are so right. Go Katie Go. Her face has been telling us for a long time that she has not been treated well.
And as far as the bible says about tithing, it says to give 10% of your ABUNDANCE. Which if you check your dictionary, abundance means what you have left over or a surplus of after your needs are taken care of. NOT to give before your families needs are met. Greedy churches are crippling the very people who they are supposed to be helping.
KansasGuest
Posted at 6:42 PM on July 7, 2012
I think if any person is trying to leave a person as emotionally controlling as Cruise, whose religion is equally controlling, they had better plan every detail of their exit to give it the best chance of success. Do it smart, quick and clean. Ironically, isn’t this one of the things Scientology teaches? “Attack. Never react.” Guess she learned one helpful thing from her time w/Cruise!
jo
Posted at 4:19 AM on July 8, 2012
bazooka
Posted at 6:48 PM on July 6, 2012
Sadie from Minnesota
Posted at 2:25 PM on July 6, 2012
Katie probably didn’t realize the extent of the Scientology cult when she married Tom. I would do the same thing to protect my children. Anytime a religion dictates how to take care of your family, there is trouble. Tom has apparently been brainwashed, but hopefuly Katie and Suri can avoid the pitfalls. Good luck Katie.
TheresaLynn
Posted at 12:15 PM on July 8, 2012
“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!”—ugh yeah she is, Go Katie, good for you girl!