Breaking News

11:05 AM PT -- Katie filed the papers -- and Tom was "blindsided." Katie wants sole legal custody and "primary residential custody" of Suri.

Tom Cruise and Katie Holmes are getting DIVORCED ... after 5 years of marriage.

Katie's attorney, Jonathan Wolfe released a statement saying, "This is a personal and private matter for Katie and her family."

Wolfe adds, "Katie's primary concern remains, as it always has been, her daughter's best interest." Wolfe adds, "Katie's primary concern remains, as it always has been, her daughter's best interest."

TMZ has learned Katie filed the docs in NYC ... and wants SOLE custody of Suri.

We're told Tom and Katie have a prenup. The net worth of both Tom and Katie is around $275 mil, but clearly Tom raked in most of that.

For what it's worth, Katie did not attend any of the "Rock of Ages" premieres.

Tom and Katie have one child together, Suri, who is 6-years-old.

49-year-old Tom has 2 children from his previous marriage to Nicole Kidman. He was also married to actress Mimi Rogers from 1987 to 1990.

Cruise and 33-year-old Holmes were married in November 2006 in a lavish ceremony held at an Italian castle. The split was first reported by People.com.

Tom has been spotted in Iceland this week where he's been shooting a movie called "Oblivion."

Katie and Suri have been spotted in NYC all week. Katie was still wearing her wedding ring.

Update #1 -- Sources tell TMZ ... Scientology was a major factor in Katie's decision to pull the plug on the marriage.