Halle Berry Does Not Want Custody Battle, Seeks 'Easy and Amicable' Divorce from Olivier Martinez: Source
"This is hard for everyone, but it's important to Halle that this not affect their son," a source tells PEOPLE
“[Berry] only wants this to be easy and amicable for both of them,” a source close to the situation tells PEOPLE.
While sources say the stars’ fiery personalities and frequent time apart played a role in the split, Berry and Martinez, both 49, are working to put their emotions aside and focus on what’s best for the kids.
“She always puts her kids first and she and Olivier are still friends. This is hard for everyone, but it’s important to Halle that this not affect their son,” said the source, adding, “She does not want any kind of custody battle.”
In the divorce papers, the couple list their separation date as Monday, and both parties filed for joint custody.
A second source told PEOPLE this week that while Martinez is devastated that his two-year marriage is ending, he is willing to do whatever it takes to remain in his son’s life.
“Olivier is very upset about the divorce and this is not what he wanted. He and Halle just couldn’t get along,” said the source. “They are working out a visitation schedule for Maceo. Olivier wants to see his son as much as he possibly can.”
Berry was previously locked in a custody battle with her ex-boyfriend, model Gabriel Aubry, over their daughter, Nahla Ariela. (Berry and Aubrey are now “on great terms,” says the source close to the situation.) The arrangement forced the couple to reside in Los Angeles, which sources tell PEOPLE was a disappointment to Martinez, who had hoped they could live in Europe.
“Olivier never loved living in L.A. full time,” said a source close to the couple. “[He] just isn’t happy in L.A.”
In Berry’s petition, she specifically asks that Martinez – a French native – get permission before taking their son out of California.
Although both parties seem committed to a finding a peaceful custody arrangement, the issue of spousal support is still something the pair have to agree on.
Berry asks for no spousal support for either party, and for the costs of raising their child to be shared as per the terms of their prenup. Martinez, meanwhile, asks for issues of spousal support to be sorted out at a later date.
The couple will also have to come to an agreement about any child support for Maceo.
“If one party is earning significantly more income, they still might have to pay child support, even if that party has the child over half of the time,” California family law specialist Robert Brandt told PEOPLE.
Even with a prenup, Brandt notes, that “there’s a lot to sort out.”