By Jen Heger - Breaking Celebrity News Assistant Managing Editor

Katie Holmes' decision to pull the plug on her marriage to Tom Cruise and file for divorce in New York will have far reaching legal consequences because unlike California, which is a no-fault state, a judge has the discretion to consider causes for a marriage coming to an end, including, disagreeing over how to raise a child, Breaking Celebrity News is exclusively reporting.

As previously reported, Hollywood’s top couple have been married since November 2006 and her attorney announced the news of their split. Meanwhile, Tom's rep released a statement: “Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children. Please allow them their privacy.”

"Katie is getting excellent legal advice because under New York family law a judge is allowed to consider a multitude of reasons why a marriage should end. New York is NOT a no-fault state like California, allowing for more flexibility in determining the reason the marriage came to an end, if either the plaintiff or respondent contributed to that, and in what capacity," a source close to the situation tells Breaking Celebrity News. "Allegations of cheating or verbal/physical abuse are taken very seriously in New York and can be determining factors in custody and support issues."

As previously reported, the couple