The actor filed under irreconcilable differences on Tuesday

By George Stark
Updated July 21, 2016 08:00 PM
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Jay Mohr has filed for divorce from wife Nikki Cox after 9 years of marriage, PEOPLE can reveal.

The actor cited irreconcilable differences in documents obtained by PEOPLE. According to the documents – that were filed on Tuesday – the couple had a prenuptial agreement that included terms of spousal support.

Additionally, Mohr’s attorney Samantha Spector alleges in the documents that Mohr wants sole physical custody of their son Meredith Daniel because Cox “has a serious, ongoing drug issue which has compromised her ability to care for” the 5-year-old.

Mohr’s petition requests mutual drug testing but states that Spector did not inform Cox of that request because “there is a danger that [Cox] will harm herself if she believes her drug use and lifestyle will be revealed publicly, as she has threatened to kill herself on multiple occasions.”

However, in a statement to PEOPLE on Thursday night, Mohr said about the news: “We are very married, very in love and that’s really all there is.”

Last year, Mohr released a standup album Happy. And a Lot. featuring material written entirely by his wife.

The one-hour special, filmed during the Santa Barbara LOL Comedy Festival, detailed Mohr and Cox’s marriage and family life together.

Cox, 38, met Mohr, 45, in 2004 when he guest-starred on her NBC drama Las Vegas. The pair got engaged in February 2006 and wed on Dec. 29 of that same year.

Cox has not responded to PEOPLE’s request for comment.