By James Nye and Daily Mail Reporter

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Katie Holmes allegedly plotted her divorce from Tom Cruise for weeks, even renting an exclusive apartment to hideaway with daughter Suri.

The Dawson’s Creek star has reportedly taken refuge in a smart Chelsea property where monthly rents cost between $4,000 and $25,000, reported the New York Post.

The Seventh Avenue building where Holmes is allegedly hiding out is close to the couple’s West Village pad.

Plotting: Katie, seen here with Suri on June 26, allegedly plotted her divorce from Tom for weeks

Holmes is reportedly not staying in the couple's townhouse even though Cruise is in Iceland to film his latest movie.

Residents in the posh Chelsea apartment building claim to have spotted Holmes there every day for the past three weeks.

Holmes filed divorce papers in New York on Thursday which revealed she is seeking sole custody of six-year-old Suri.

With a financial pre-nuptial already in place, it is thought that Holmes purposefully filed for divorce in New York state and not California because New York dislikes giving warring parents joint custody.

With sole custody of Suri, Holmes would be able to remove her daughter from the Church of Scientology, which she is alleged to dislike and distrust, despite her husband's enthusiasm for it.

Recruiting East Coast attorney Jonathan Wolfe for the divorce, Holmes will be expected to honour the terms of her rumoured pre-nuptial agreement with Tom Cruise in a New York court.

'It's the public policy of New York state to recognise pre-nuptial agreements,' said attorney Paul Talbert, a partner at Chemtob Moss Forman & Talbert LLP.

However, Holmes is known to be independently wealthy through her own television and film career, so there is no financial benefit in filing for divorce in New York.

The fact remains that New York family law judges do not like giving fighting parents joint custody because they believe that causes endless conflicts in the children or children's lives.

With Suri reportedly attending a Scientology-influenced school in California, Holmes would be able to remove her if she was granted sole legal custody.

Pictured with her daughter three times this month, it is thought that Katie Holmes filed for divorce in New York because judges there prefer to give sole custody and not joint custody to warring parents

Tom Cruise is known for his razor sharp legal team and would be expected to fight Holmes tooth and nail for his child, even mounting a legal challenge to have his divorce put through a Californian court instead.

He and Holmes filed their marriage certificate in California in 2006.

'He didn't ask for this lawsuit,' points out Talbert.

'I don't think that, as Katie Holmes, you need to be scared of Tom Cruise just because of who he is.

'I think she will do just fine, especially in terms of child support.'

Katie and her daughter Suri were spotted in New York yesterday while Tom Cruise films his new movie in Iceland

Other family law experts predict that this could become one of the bitterest divorces in years, with Suri at the centre.

They point out that in the cases of other celebrities such as David Arquette and Courteney Cox, both parties agreed on joint custody.

'It's not the kindest, gentlest way she could have done things,' said divorce attorney Stephanie Blum.

Dream wedding: The pair married in an Italian castle in 2006

Dream wedding: The pair married in an Italian castle in 2006 and filed their marriage certificate in California

Hollywood superstar Cruise, 49, said he was ‘deeply saddened’ that his younger wife, 33, had filed for a separation.

He revealed the former Dawson's Creek actress had initiated the split, bringing a dramatic end to one of Hollywood's most high-profile romances.

'This is a personal and private matter for Katie and her family,' Holmes's lawyer Jonathan Wolfe said in a statement to People magazine.

'Katie's primary concern remains, as it always has been, her daughter's best interest.'

Here's what other readers have said. Why not add your thoughts, or debate this issue live on our message boards.

The comments below have not been moderated.

The marriage was even worse than I thought - Cruise has been directing everything including the choice of school for the child. A mother's love for a child is something he cannot control. I hope Katie attains sole custody. That child needs it.

It's wrong and sexist that women automatically think they should get sole custody of a child.

Does anybody really care ?

Deep in my gut, when I saw photos of Katie and Suri day in and day out in N.Y. I felt something was up. We've never seen this much of her before. Despite being criticized, she always made sure to appear out and about with Suri. Now its clear that she wanted to show she had residence there, but also to show the world that she is Suri's primary caretaker-that SHE is the one taking care of Suri while Tom is off all over the world shooting movies. No matter what you think of the situation, you have to admit that she's one smart cookie.

She knows that his people would bugg any house she stayed in, in order to get the upper edge, so I would do exactly the same as her and stay somewhere totally independant. I wish her all the best, but fear for her safety right now. She needs some good, reliable friends right now. Bless her X

I hope Tom wins joint custody of Suri.

She has likely plotted the divorce for many MONTHS, not just weeks. Clearly it is a huge step, which has probably involved much heartache, and these decisions don't get made suddenly. Also, I imagine Tom, if he is as controlling and narcissistic as portrayed, could be menacing and difficult to get away from. All her divorce arrangements need to be watertight and keep Kate and Suri absolutely safe. Good luck to her.

dont blame her

I have to say that more and more this looks like someone who is trying desperately to escape. Good luck to her.

That whole story reminds me of this movie with Julia Roberts: "Sleeping with the Enemy"....Life imitating art...

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