Both have cited irreconcilable differences and listed their date of separation as Monday, according to court paperwork obtained by PEOPLE. The couple announced their divorce publicly on Tuesday, saying in a joint statement, “We move forward with love and respect for one another and the shared focus of what is best for our son.”
However, while Berry asks for no spousal support for either party, and for the costs of raising their child to be shared as per terms of their prenup, Martinez asks for issues of spousal support to be sorted out at a later date. The actress states that all of her earnings and assets are her property per their prenup.
Both are seeking joint custody of their 2-year-old son, Maceo-Robert, but Berry’s filing has an attached form about visitation, saying they will “share custody as is in the best interest of the child” but that Martinez should provide transportation to and from visits and need permission to take Maceo out of California.
And according to the paperwork, Berry used the alias “Hal Maria” when she filed for divorce from Martinez. While Hal is short for Halle, Maria is the actresses middle name. The couple’s son was also listed under the alias “Mac Martin.”
According to sources, the split was in part caused by disagreements over their living situation. Berry had planned to raise her two children (she has a daughter, Nahla, from another relationship) in Europe, but was never able to make the move because of ongoing custody issues with Nahla’s father, Gabriel Aubry. Meanwhile, Martinez “never loved living in L.A. full time,” according to a source. “[He] just isn’t happy in L.A.”
Martinez’s temper also allegedly played a role in the split. “He has a violent temper,” the source told PEOPLE this summer. Martinez got into a Thanksgiving brawl with Aubry in 2012, and was caught shoving an LAX employee with a baby seat earlier this year. The employee is now suing the couple for $5 million.
Ultimately, a source tells PEOPLE that the relationship between the two “fiery personalities” had “run its course,” adding: “They are keeping it amicable now. She is okay.”
This is Martinez first divorce, and the third for Berry, who wed baseball player David Justice in 1993 and singer Eric Ben t in 2001.