Halle Berry and Olivier Martinez to Divorce

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Halle Berry and Olivier Martinez to Divorce
Thu 29-10-2015

It looks like Halle Berry and Olivier Martinez are getting ready for a divorce.

The couple filed dueling petitions for divorce this week: Berry submitted hers under the alias "Hal Maria" on Monday and Martinez filed his own on Tuesday.

On Wednesday, PEOPLE confirms, Berry submitted a second petition – identical to the first but without the use of pseudonyms.

Filing separate petitions could be a play to gain an upper hand if the case moves to court, a legal expert says. 

"For tactical reasons, some attorneys want to file first because if you’re the petitioner and the case proceeds to trial, you get to put on the case first," Robert Brandt, a family law specialist in California, tells PEOPLE.

"It gives you that advantage." A source close to Berry says she had other motivations. "She filed first, but she didn't draw attention to it," the source says. "Halle filed under fake names to protect both them and their kids." 

Both parties filed for joint custody in their petitions. "She wants to share custody and she is being so amicable," the source close to Berry says.

A source close to the couple told PEOPLE that Martinez had an explosive temper that frightened Berry, though the source says he was never physically abusive to her or their 2-year-old son Maceo.

In Berry's petition, she even specifically asks that Martinez get permission before taking their son out of California.

Berry and Martinez will have to determine who will have temporary custody of Maceo during the divorce. Lawyers for both parties will then spend time sorting out their individual estates with regards to their prenuptial agreement, which Berry states in her divorce petition allows her to keep all of her earnings and www. 

Source: People Magazine