The couple have been married five years and have a 6-year-old daughter.
"Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri," Cruise's attorney Bert Fields told the BBC.
"We are letting 'the other side' play the media until they wear everyone out," Fields said, "and then we'll have something to say. ... It's not Tom's style to do this publicly. He is really sad about what's happening."
Holmes, 33, filed for divorce from Cruise, 50, June 28 in New York City. She is seeking sole custody of Suri.
Notable deaths of 2014 [PHOTOS]