He will also ask for joint custody of the couple's six-year-old daughter Suri, despite Holmes requesting she had sole custody.

Tom Cruise and Katie Holmes
Tom Cruise with Katie Holmes

"Tom will file a response in New York, asking that the divorce proceedings be halted in the Big Apple because California is the proper venue for the matter to proceed. Team Cruise is going to assert that Katie doesn't meet the residency requirements to file in New York, and that both live full time in California, specifically Los Angeles.

"At the same time, Tom will file for divorce in California, and will most request joint custody of Suri. There is absolutely no way that he is going let Katie have sole custody. The lines are being drawn, and this is going shape up to be a very contentious custody battle," femalefirst.co.uk quoted a source as saying.

Holmes, who has spent a the majority of her time over the past few months living in the couple's New York home with Suri, is thought to have filed the papers in New York because she had a better chance of gaining sole custody of Suri.