Katie Holmes is seeking sole custody of daughter Suri in her divorce filing against husband Tom Cruise after five years of marriage. It's unclear whether Cruise intends to fight Holmes over Suri, but the odds appear to be stacked against him should he battle Katie Holmes for custody of their 6-year-old daughter.

"There's apparently a pre-nuptial agreement, and if there's not, he needs to see a psychiatrist -- and even if there is, he still may need to see one," divorce lawyer to the stars Raoul Felder told IBTimes, referring to Cruise's strange outbursts.

TMZ, which first reported the divorce, said sources told the website that Katie Holmes and Tom Cruise do have a pre-nuptial agreement. The couple is worth a combined $250 million, which will make the divorce proceedings one of the most closely watched celebrity divorces.

Felder described the impending divorce case between Holmes and Cruise as a Wild West show.

"It could be a free-for-all," he said.

Cruise's bizarre past behavior, including the infamous incident when he jumped on Oprah Winfrey's couch, could factor against him in a potential custody battle over Suri.

Felder said Holmes' attorneys may argue that Cruise's affiliation with the Church of Scientology, the Oprah incident and the Mission Impossible: Ghost Protocol's rant against psychiatric drugs on the "Today" show make him an unfit father.

"All that comes up," Felder said. "Courts are conservative, generally speaking."

TMZ reported Holmes filed the divorce papers anonymously in New York City.

There's good reason why Holmes filed in New York and not California, Felder said.

"The reason they did it in New York is because the files are sealed," he said.

Cruise is said to be devastated over Katie Holmes filing for divorce.

"Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children," a statement from Cruise's representative said, referring to Suri and his children Isabella and Connor, whom he adopted with ex-wife Nicole Kidman. "Please allow them privacy to work this out."

Holmes, who rose to fame for her role as Joey Porter on Dawson's Creek, is Cruise's third wife. He was previously married to Kidman and actress Mimi Rogers. This is Holmes' first marriage.