Bert Fields, the attorney of 50-year-old actor Tom Cruise, spoke about the developing story, admitting that he cannot reveal details of Tom's next move.
He told BBC News, "Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri."
Katie has been making very public post-split appearances in New York City with their six-year-old daughter Suri Cruise, and Bert stated that Tom is a much more private person than his estranged partner.
He continued, "We are letting 'the other side' play the media until they wear everyone out and then we'll have something to say."
"It's not Tom's style to do this publicly. He is really sad about what's happening."
The Oblivion star married the former Dawson's Creek actress in November 2006.
Tom was apparently 'blindsided' when Katie filed for divorce from him last week after five years of marriage and sought legal custody of their child.
It was reported he would file his own application for custody in Los Angeles, but it is not possible to file a case in separate states at the same time.