Katie Holmes Divorce Papers Say Marriage to Tom Cruise Over in 2011

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Katie Holmes claims that her marriage to Tom Cruise was "irretrievably" broken at least six months ago ... something that is probably news to Tom, who was reportedly "blindsided" when she filed the paperwork in New York last week.

The Tom Cruise-Katie Holmes divorce is shaping up to be contentious, especially since he didn't see it coming, the two were reportedly walking hand-in hand in Iceland, where he's filming his new movie, just two weeks ago.

It's unclear why she considers things effectively over by late 2011.

Katie Holmes, Tom Cruise Pic

All accounts to date suggest that Holmes is attempting to free her daughter from the influence she fears Tom's religion, Scientology, will have on her life.

Clearly, they see things differently. Katie claims in her divorce documents that both she and Tom have been residents of New York for "at least 2 years."

The couple does own an apartment there that is deeded in her name, but Katie has been living in a separate place in NYC in recent weeks with Suri Cruise.

Katie, 33, who filed in NYC, must establish legal residency in the Empire State in order for the court to have jurisdiction over the case, specifically custody.

New York courts are more likely to grant sole custody to one parent over another if there is conflict, which no doubt played into her decision to file there.

Tom, 49, who has shared a home with Katie in L.A. ever since they got married in 2006, will no doubt fight the residency claim and the custody claim.

Expect this one to drag on for months, if not years.

[Photo: WENN.com]

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Katie Holmes Biography

Tom Kat Pic
Yes, that's actually Katie Holmes. KMart style! The former Dawson's Creek star is the current fashion disaster / brainwashed zombie wife... More »
Toledo, Ohio
Full Name
Kate Noelle Holmes

Katie Holmes Quotes

"Becoming a mother has been the most amazing experience—in an instant you become strong. You have to be a little bit wiser; it's the most important job you have in the world."

Katie Holmes [on being a mom]

"As a woman, you make the transition from being singe to [being] a partner. I have a teammate."

Katie Holmes [on married life]