Tom Cruise and Katie Holmes' divorce: The Scientology factor

Katie Holmes and Tom Cruise attend the "Mission: Impossible - Ghost Protocol" premiere on Dec. 19, 2011, in New York.

/ Getty

(CBS News)  In the week since Katie Holmes filed for divorce from Tom Cruise after five years of marriage, there's been a great deal of speculation but very few facts have emerged. 

What we do know is that Holmes filed in New York and is seeking privacy. She has requested sole custody of the couple's daughter, 6-year-old Suri, according to reports.

Pictures: Tom and Katie
Pictures: TomKat: Wedding morning
Pictures: Suri Cruise
Pictures: Celebrity splits
Pictures: Scientology's stars

A pre-nup is in place, too, which means much of the financial dealings are probably already laid out for the Hollywood couple. This leaves the custody of Suri, who's been spotted around New York this week with Holmes, at issue.

But when it comes to the divorce, will Scientology play a role? Cruise has been a prominent Scientology member for years, and  the couple were wed by a Church of Scientology minister.

CBSNews.com spoke with New York-based divorce and family attorney Raoul Felder, listed as one of New York Law Journal's 100 Most Powerful Lawyers in America.

"The test in custody anywhere in the United States is simply the best interest of the child," said Felder, who added, "Scientology would not play very well, certainly in New York. Maybe a little better in California."

"There's a gorilla in the room, and it's Scientology," said Felder, who's been involved with divorce cases for Elizabeth Taylor and Liza Minnelli. "Then there's the jumping on the couch, and this is his [Cruise's] third marriage."

"The court will also look at -- if he [Cruise] travels a lot more for work that she [Holmes] does," added divorce attorney Joshua Forman, a partner at New York's Chemtob Moss Forman & Talbert, LLP. "The court looks at who will be more of the mainstay in the child's life."

Holmes' divorce move appears to have been carefully planned. Her father, Martin Holmes, happens to be a lawyer -- and one who specializes in divorce cases. Felder thinks the 33-year-old actress' father is likely "running the show."

According to the Los Angeles Times, the former "Dawson's Creek" star hired two prominent New York attorneys to handle her case, including Allan E. Mayefsky, who was involved in the high-profile Christie Brinkley divorce. Also on her team is divorce lawyer Jonathan Wolfe, who according to his bio, specializes in "complex matrimonial matters."

But will the split be complex?

Felder thinks Cruise will want to make the proceedings as painless as possible, particularly because of his religious ties.

"I've had experience with Scientology over the years," Felder said about previous work with divorce cases. "They [Scientologists] will never let him go the whole length. They control him, I suspect."

Meanwhile, the Church of Scientology has denied sending anyone to keep tabs on Holmes in the days since the split.

An attorney for the Church said in a statement, obtained by CBSNews.com, "There is no truth whatsoever to the TMZ.com report (or any other report) that the Church of Scientology has sent anyone to follow or surveil Katie Holmes."

The divorce will likely play out over the summer, though it's still unclear whether it will be heard in New York, or shifted to California.

"The judge who was assigned this case in New York is a very street-smart guy," Felder noted. "He's very experienced."

30 Photos

Tom Cruise and Katie Holmes

[Serapphina]

How can she divorce this guy ?

http://www.dreamstime.com/stock-photos-tom-cruise-image23037993

[nura3]

This is a sick and twisted cult that needs to be investigated by the FBI. The IRS needs to remove their tax exempt church status because this is not a church, it's a cult based an a Sci-fi writer's book. As long as Tom Cruise <a href="http://growxxlgear.com">go here</a> is involved with Scientology full custody should go to Katie Holmes and he should be court mandated to undergo Psychiatric evaluation.

[crandlebug]

I saw this divorce coming from a mile away. Katie's too smart to let her daughter get taken in like that. I read somewhere that she's likely going to be subject to harassment by the Church of Scientology now, though. Anti-cult expert Steve Hassan's new book, "Freedom Of Mind" has a pretty good explanation of these dangerous behaviors in cults: http://www.freedomofmind.com/

[mick7744]

I once read that Tom Cruise has a number of regal affectations...

He demands that all staff and tradesmen refrain from making eye contact with him, and must NEVER turn their back on him...but must back away slowly...eyes deferentially lowered

Being a closet queen doesn't make him royalty!

And hiring a new "beard" every so often doesn't make him a married man...merely a coward who can't even be true to himself

[Jaylah54200]

by Jaylah54200 July 6, 2012 5:33 PM EDT
I really can't feel too sorry for her. She knew he was a Scientology cult member long before she married him.
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by MojitoMamma July 7, 2012 9:27 AM EDT
I'll bet you a nickel she didn't know anything about the "boarding schools" until she found out for herself. She left when she realized what Tom wanted to do with Suri. She saw what Scientology did to TC and Nicole's two adopted kids, and she did not want that for her child.

________________________

Oh, gimme a break.

Every investigative news show has run at least one episode about Scientology, and several specifically about "Sea Org."

Even if Holmes wasn't a TV watcher, why would anybody even consider marrying someone that belonged to a strange religion they'd never heard of before, and even plan to have children with that person, without ever having any sort of conversations about their religion and/or how they felt about the proper way to raise children?

And you're telling me that none of Holmes' friends knew anything about Scientology, either?

Never mind that Cruise has been an extremely outspoken spokesman for Scientology for decades. But somehow Holmes never knew about any of it until just recently?

Try Googling "The Snake" (1968) by Al Wilson."

When you marry a snake, don't be surprised when you get bit.

[erasmus111]

Sounds like MojitoMamma has about as much sense as Katie.

Even if a person didn't hear all the nitty gritty details, they would have still heard enough to question the Scientology world before going into it. Has there ever been anything positive said about it? I mean, aside from what all the brainwashed members had to say.

And it doesn't take much research to uncover those nitty gritty details.

[FerdFerkle]

Hope Scientology get blow out of the water and reveled for what it is a cult, a false religion, all of satan! It needs to implode and die!

[nura3]

This is a sick and twisted cult that needs to be investigated by the FBI. The IRS needs to remove their tax exempt church status because this is not a church, it's a cult based an a Sci-fi writer's book. As long as Tom Cruise http://growxxlgear.com is involved with Scientology full custody should go to Katie Holmes and he should be court mandated to undergo Psychiatric evaluation.

[EyesOpenOOO]

Scientology ruins lives. I dated a young woman who was a member. When they couldn't get me to join their cult they put her on a 5-day aweek program so she would not be able to see me. They go after your money and prey on emotionally weak people. She never was able to get out of the cult and ended up poor and marrying another cult member.
BEWARE! Scientology is a cult.

[feenixagain]

Like most posters, I could see this coming when Katie got preggars. She is not very bright, and I'm sure her parents agonized over her lack of brains. I'm glad a glimmer of light finally shines through for her and I wish the best for her and Suri, especially since this innocent child will live the rest of her life in consequence of a challenged mother. It's good that she can change, but I suspect that Tommy will pursue his rights, too, and I bet he is successful at staying heavily involved in Suri's life. That, too, is consequence of not-so-smart Katie.

[FreddySanford]

I'm sorry but this is an absolutely pitiful article. It's nothing more than a regurgitation of speculative sound bites that other, far more informative websites have been recycling since the split was announced. You are a sorry excuse for a news outlet

[nohater]

oh boo-hoo. she married tc knowing full well that he was into scientology. it was her choice so she reaps the pluses and minuses. she made the choice to get pregnant by tc. have no empathy for her at all. life is about choices and she made hers. unless there is evidence that her brain was organically impaired, don't have a drop of empathy for her or her choices. hope tc mops up the floor with her!