HOT NEWS: Exclusives///tom cruise katie holmes divorce remain new york - Inside Scoop

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Tom Cruise/Katie Holmes Divorce Will Remain In New York, At Least For Now

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July 5 2012, Published 4:00 a.m. ET

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By Jen Heger - Breaking Celebrity News Assistant Managing Editor

Score one for Katie Holmes in her divorce and custody dispute from estranged husband Tom Cruise.

The proceedings will remain in New York where the actress filed because under the law, the Mission Impossible star can't file in California as he had planned because you can't file in separate states at the same time, Breaking Celebrity News is exclusively reporting.

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Cruise "will have to adhere to the New York divorce petition that Katie filed. He won't be able to file in California until he presents evidence to the courts in New York that they weren't residents. The judge in New York will ultimately decide if the Big Apple is the proper venue for the divorce to proceed. So for the time Tom won't be able to file in California. This is an obvious setback, and Tom is livid that Katie is calling all the shots," a source close to the situation tells us.