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The Tom Cruise/Katie Holmes divorce saga is already off to a dramatic start. Many people expect their divorce to be messy, but these two are already torn on where to hold the proceedings.

When Holmes and Cruise were together, they lived in Los Angeles, reports Reuters, but Holmes filed for divorce in New York where rumor has it she secretly rented an apartment in Chelsea.  Holmes’s divorce papers claim both are New York residents, according to gossip site TMZ. Cruise, on the other hand, may look to move the divorce proceedings to California, where he could potentially gain more leverage.

Holmes is more likely to get sole custody of the couple’s daughter, Suri, if the divorce takes place in New York, Fox 25 reports. New York judges are more inclined to grant sole custody if parents cannot agree on decisions about the child’s life, and it’s rumored Holmes fears what role Scientology may have on her aging daughter.

If joint custody is granted in New York, one parent cannot override the decisions of the other, also according to Fox. In California, parents are able to make decisions alone. Rumors that Holmes wants to protect her daughter from “brainwashing” before it’s too late are likely motivating her decision to legally end the marriage in New York.