Mumbai: There has been speculation that American reality TV star Kristin Cavallari and Jay Cutler are getting divorced because of an affair with another woman, but that is not the case and the dispute between the two involves custody over their three children.
Sources have told TMZ that Kristin was "surprised" that Jay filed first, she didn't know he was doing it. There's one thing in his divorce petition that set her off -- his claim that he was the "at-home parent" who was also the "primary caretaker" of their kids.
Kristin was shocked and claimed Jay was not telling the truth and said she has been the primary caregiver.
So, that set up the battle. Jay is asking for joint custody. Kristin, in her response, asked for primary physical custody with Jay getting visitation.
In Tennessee, someone asking for a divorce must show fault on the part of the other spouse, and that's why she claimed Jay is guilty of "marital misconduct." It's actually boilerplate language in the state.