Katie Holmes, Tom Cruise Divorce: First Court Date Set

Tom Cruise Katie Holmes Mission Impossible - P 2012
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Tom Cruise Katie Holmes Mission Impossible - P 2012

Contrary to reports, the actress did not file for an emergency hearing, but she will face a New York City judge on July 17.

Katie Holmes may not have filed for an emergency hearing, but the actress is set to make her case in court at an order to show cause hearing later this month.

Initial reports stated that Holmes was seeking an emergency hearing regarding the custody and child support for her six-year-old daughter with estranged husband Tom Cruise, but Holmes’ lawyer countered with the following statement: "The reports about an emergent filing last Friday are incorrect.  Other than her action for divorce, the only pending application filed by Ms. Holmes remains her request for an anonymous caption.” (The “caption” refers to the first section of any legal document, which typically includes crucial information such as the name, address and other contact information for the person filing.)

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But according to E! News, Holmes will still receive a swift court hearing set for July 17 in New York City. The order to show cause hearing requires that Holmes give reasons why a temporary decision should be made before the other side responds, and is typically used to speed up the process when a decision is needed more quickly than a notice of motion. In this case, Cruise has yet to file his own divorce papers in California, as expected, where he will request joint custody of their daughter, Suri.

THR previously reported on Holmes’ sudden decision to split from the A-list actor – and his controversial religion, Scientology. Experts say that Holmes “had to have planned this very carefully, right down to using disposable cell phones and laptops to throw people off her trail. It had to have been a very cloak-and-dagger operation.” Holmes is currently seeking sole custody of Suri in New York, indicating that she does not want her child raised as a Scientologist.

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In an interview with Elle magazine, taking place six weeks before her divorce filing, Holmes hinted at a “new phase” in her life.

"He has been Tom Cruise for 30 years," she says in the publication's August issue. "I know who I am and where I am and where I want to go, so I want to focus on that."

Holmes is represented by Jonathan Wolfe of New Jersey and Allan Mayefsky of New York.

Email: Sophie.Schillaci@thr.com; Twitter: @SophieSchillaci