Kristin Cavallari and Jay Cutler announced their decision to divorce on Sunday (April 26).
“With great sadness, after 10 years together we have come to a loving conclusion to get a divorce,” Kristin wrote on Instagram. “We have nothing but love and respect for one another and are deeply grateful for the years shared, memories made, and the children we are so proud of. This is just the situation of two people growing apart. We ask everyone to respect our privacy as we navigate this difficult time within our family.”
Jay also shared the same message on his Instagram, but posted it with a different photo.
However, court documents reveal new details that their split might not be as amicable as it seems.
Jay filed for divorce on April 21st, citing “irreconcilable differences” as the reason. He listed April 21 as the date of separation, and requested joint custody of their three children – Camden, 7, Jaxon, 5, and Saylor, 4.
Kristin filed hers on April 24th, listing the date of separation as April 7, and citing “irreconcilable differences” and “marital misconduct” as the reasons for their split. In the documents, Kristin claims that Jay “is guilty of such inappropriate marital conduct as renders further cohabitation unsafe and improper,” adding that “any misconduct alleged or implied against her in the complaint for divorce was in response to and/or as a result of misconduct on behalf of the Husband.”
She is also asking for primary physical custody, with Jay having visitation rights. She’s also seeking child support, and that Jay pays for their children’s health insurance and maintains a life insurance policy with her name listed as the sole beneficiary.
But what does ‘marital misconduct’ mean?
According to Rachel Stockman, president of Law & Crime Network, “inappropriate marital conduct” can mean many things – ranging from infidelity or abuse to alcoholism.
“At its face, you might assume that means affair or some kind of adultery, but under Tennessee law that is not necessarily the case. It basically means that she believes the husband has been treating her in some way unfairly and she can’t cohabitate with him anymore,” she explains, via Entertainment Tonight.
Kristin didn’t specify infidelity in her legal documents, Rachel explains that it falls under the ‘inappropriate marital conduct.’ However, there could also be other reasons behind the divorce.
“She would most likely put [infidelity] in the documentation, but it’s unclear,” she says. “Is that because she doesn’t want to say that’s the reason, or is there another reason why she is filing for divorce?”
Rachel also says that the ‘marital misconduct’ allegation could be “very serious, or it could be something she just feels she can’t live with this person anymore.”
“Tennessee is an at-fault state, so she has to prove, unless the two parties agree to every single term, she has to prove he is at fault,” Rachel explains. “So she is claiming inappropriate marital conduct. We might get a better clue as to what that is if more paperwork is filed. But certainly we can guess infidelity could be one reason why, an unsafe environment could be another reason why, mental anguish, some kind of emotional anguish. There are many reasons why she might be filing for this divorce.”
She also says that with the quarantine putting only a very limited number of courts holding proceedings, they can expect delays in their divorce case. And with the two heading into a custody battle, she says, “I think it’s going to be a long process and I don’t think it’s gonna be a clean one.”
