There has been speculation that American reality TV star
Kristin Cavallari and
Jay Cutler
are getting divorced because of an affair with another woman, but that is not the case and the dispute between the two involves custody over their three children.
Sources have told news that Kristin was "surprised" that Jay filed first, she didn't know he was doing it. There's one thing in his divorce petition that set her off -- his claim that he was the "at-home parent" who was also the "primary caretaker" of their kids.
Kristin was shocked and claimed Jay was not telling the truth and said she has been the primary caregiver.
So, that set up the battle. Jay is asking for joint custody. Kristin, in her response, asked for primary physical custody with Jay getting visitation.
In Tennessee, someone asking for a divorce must show fault on the part of the other spouse, and that's why she claimed Jay is guilty of "marital misconduct." It's actually boilerplate language in the state.
The language is included in a divorce petition and counterclaim because Kristin and Jay can't end the marriage without some showing of misconduct. The lawyers will handle the matter for what the misconduct is.
There have been a bunch of rumours that Kristin wanted out because Jay had an affair. There was also a buzz about this on their reality show and the "other woman" was allegedly
Kelly Henderson
, who denied there was any relationship between her and Jay.
TMZ
contacted Kristin's lawyer,
Rose Palermo
, who had no comment other than to refer to Kristin's post over the weekend saying the divorce was amicabl
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