A-Rod agrees his Marriage is "Irretrievably broken" in divorce response

Cynthia Rodriguez filed a divorce petition in July 7, to Miami-Dade County Family Court accusing A-Rod of "extramarital Affairs and other marital misconduct," and for "emotionally abandoning his wife and children" amid a scandal that the player was making late visits to pop singer Madonna.

Cynthia's lawyer said his client's husband had an "affair of the heart" with Madonna and this was "the last straw." Cynthia said their marriage was "irretrievably broken," and is seeking custody of the couple's Coral Gables mansion worth $12 million, their two daughters and a cut of A-Rod's earnings during the marriage.

In his response today, Alex Rodriguez states that Florida is a "no fault state" which according to him, makes his wife's allegations affairs "immaterial and impertinent."

He argues that the divorce settlement should proceed according to the prenuptial agreement which Cynthia signed in 2002, "with the assistance of counsel of her own choosing, freely and voluntarily ... and with full and complete financial disclosure of husband's income, assets and liabilities," the source said quoting the document.

The prenuptial agreement was signed long before Alex completed his record-setting $275 million contract for ten years with the New York Yankees in 2007.

As for the children, the "husband requests that both parties are designated as 'co-residential' parents, realizing that the children are likely to spend more time with wife given the realities of husband's professional life." his attorneys, Alan Kluger and Jason Marks, said according to People Magazine.