Katie Holmes - Katie Holmes Files Emergency Legal Motion - Report

The former Dawson's Creek star shocked the world when she unexpectedly filed for divorce last week (28Jun12), putting an end to her five-year marriage with Cruise.

The pair has since been gearing up for a nasty court battle over daughter Suri and the movie icon's assets, but now Holmes has added fuel to the fire by allegedly requesting an emergent application in New York on Tuesday (03Jul12) - Cruise's 50th birthday - to make divorce proceedings public and establish finances for Suri's care until they reach a permanent custody settlement.

A source tells celebrity gossip website HollywoodLife.com, "Katie filed an 'emergent application' in New York City on July 3. It's a motion seeking temporary emergency relief, which can include child support and custody... A judge is now assigned to their case, which means it's no longer going to be an out-of-court settlement...

"Katie and Tom are now going to have an open court room, which means that anyone can walk in and see what's happening. Plus, they are putting their case in the hands of a judge who is going to determine what happens next. Most public figures don't want that - it's a last resort... Bottom line: if you file an emergency motion, you don't believe there's going to be cooperation from the other party or you need an order that only the court can give."

According to the site, Holmes and Cruise are now set to appear before Judge Matthew Cooper on the morning of 17 July (12).