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July 6, 2012 / 5:17 PM

Cruise planning to file for divorce

American actor Tom Cruise attends the European Premiere of "Rock Of Ages" at The Odeon Leicester Square in London on June 10, 2012. UPI/Paul Treadway

American actor Tom Cruise attends the European Premiere of "Rock Of Ages" at The Odeon Leicester Square in London on June 10, 2012. UPI/Paul Treadway | License Photo

LOS ANGELES, July 6 (UPI) -- Tom Cruise's lawyer says the Hollywood film star plans to file for divorce from his wife Katie Holmes, who legally moved to end their marriage last week.

The couple have been married five years and have a 6-year-old daughter.

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"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.

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