Kristin Cavallari and Jay Cutler's divorce is no longer as amicable as they first had planned after the Laguna Beach star filed for primary custody of their three children, a source close to the pair told Entertainment Tonight. After the couple announced Sunday that they planned to divorce after 10 years together, Cavallari filed documents obtained by the outlet requesting primary custody of Camden, 7, Jaxon, 5, and 4-year-old Saylor — something Cutler reportedly didn't see coming.
"Kristin and Jay planned to keep everything amicable, but that's not the case anymore," ET's source said. "Kristin filing for primary physical custody upset Jay. He loves his children more than anything and thinks the couple should be reasonable and split custody. ...Kristin has made comments about possibly moving back to L.A., which is also a concern of Jay's, as home for the family is currently Nashville."
Also in the court documents, Cavallari listed the date of separation as April 7, claiming "marital misconduct" and "irreconcilable differences" were the cause for their split and saying Cutler "is guilty of such inappropriate marital conduct as renders further cohabitation unsafe and improper." She added that "any misconduct alleged or implied against her in the complaint for divorce was in response to and/or as a result of misconduct on behalf of the Husband."
In addition to primary physical custody with allowed visitation, Cavallari requested child support from the former NFL player, whom she requested pay for the children's health insurance and maintains a life insurance policy with her as the sole beneficiary. Cutler, in his filing, however, requested joint custody of their children and equitable distribution of the marital assets, claiming that he has been "the available at home parent and primary caretaker of the parties' minor children." In Cavallari's filing, she denied Cutler's claim of primary care taking, calling herself "the primary residential parent" and attesting she is "a fit and proper person to be named Primary Residential Parent."
Sunday, the couple announced on social media that they were splitting after 10 years together and seven years of marriage. "With great sadness, after 10 years together we have come to a loving conclusion to get a divorce," their statement read. "We have nothing but love and respect for one another and are deeply grateful for the years shared, memories made, and the children we are so proud of. This is just the situation of two people growing apart. We ask everyone to respect our privacy as we navigate this difficult time within our family."