Kristin Cavallari and Jay Cutler's Divorce Is Getting Messy

Alyssa Bailey
Photo credit: Jason LaVeris - Getty Images
Photo credit: Jason LaVeris - Getty Images

From ELLE

The divorce between Kristin Cavallari and former NFL player Jay Cutler is shaping up to be an intense legal battle—and it could get ugly. Multiple tabloids yesterday received details from sources about the former couple's relationship now and how Cutler felt about Cavallari's decision to seek primary custody of their three children, with visitation rights for Cutler. Cutler sought joint custody.

Cavallari additionally further stirred up cheating rumors: She accused him of "marital misconduct," a legal term that can encompass adultery and emotional, physical, or verbal abuse. Exactly what type of marital misconduct Cavallari has accused Cutler of wasn't specified in any documents made public. A source told People that cheating "had absolutely nothing to do with" the reason Cutler and Cavallari broke up. TMZ reports that Cavallari included the claim solely because Tennessee is a "fault state" when it comes to granting divorce. But Us Weekly reports both have accused the other of infidelity.

Here, all the new details that have come out about the two's split.

Cutler is "upset" that Cavallari is setting primary custody.

Entertainment Tonight reports that Cutler was "upset" about Cavallari seeking primary custody of their kids. He's also afraid she'll move out of Tennessee with them, where the family is currently based.

"Kristin and Jay planned to keep everything amicable, but that's not the case anymore," the outlet's source said. "Kristin filing for primary physical custody upset Jay. He loves his children more than anything and thinks the couple should be reasonable and split custody. Kristin has made comments about possibly moving back to L.A., which is also a concern of Jay's, as home for the family is currently Nashville."

Cutler and Cavallari reportedly both accused the other of cheating.

Us Weekly got splashy intel from a source familiar with the Nashville gossip about the couple. “The word around Nashville is they really just don’t like each other anymore,” the source said. “They would accuse each other of cheating, but nothing really solid. They are both very stubborn and bump heads a lot and neither backs down.”

“Kristin and Jay always seemed annoyed with each other and they were only on the same side when it came to their kids,” the source added. “Their personal relationship became antagonistic and it was better for their whole family to divorce.”

Cavallari didn't expect Cutler to file first and was upset he claimed he was the primary caretaker of their kids.

TMZ spoke to sources familiar with the situation, and the outlet stressed that there was no other woman that caused the end of their marriage.

The outlet explained that because Tennessee is a "fault state" when it comes to divorce—in that the spouse asking for divorce has to show fault on the part of his or her partner—Cavallari had to add her marital misconduct claim.

Multiple sources told TMZ that Cavallari was "surprised" Cutler filed before and hadn't known he was doing it. She was upset that he claimed in his divorce petition that he was the "at-home parent" and "primary caretaker" of their kids. She claims Cutler was not being honest and that she had been the primary caregiver.

An Us Weekly source said the same thing: “Kristin is the primary caretaker,” the source said. “Since retirement [Jay] has been home, but before that, he was on the road.”

Cavallari and Cutler tried marriage counseling before splitting.

E! got a little more detail about the couple's actual issues. A source told the outlet that Cavallari felt Cutler "wasn't as supportive of her career as she would have liked."

The two went to "counseling" to work through their problems initially, the source added: "The issues were ongoing for a long time. Things weren't improving. They both wanted the marriage to work."

Cavallari and Cutler will remain in their Nashville home with their children for the foreseeable future.

The couple is quarantining together with their family despite the split. E!'s source said that the two hope to end things amicably. "The hope, of course, is to remain friends but time will tell," that source said.

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