Kristin Cavallari is launching new claims against husband Jay Cutler as they move forward with their divorce.
In her latest divorce docs, obtained by E! News, Cavallari alleges Jay is trying to stop her from buying a home for her and their three children. The papers are in response to an emergency filing by Jay that has been sealed.
Kristin states that their marriage was “so bad” last fall that she began looking for a new home, and that Cutler “never objected.” She found a home to purchase, but didn’t follow through because the couple began to work on their relationship.
When they weren’t able to reconcile, Cavallari moved forward with buying a house. Now, she alleges that Jay and his lawyer won’t allow their business manager to release the funds. She believes blocking the funds is about custody.
Previous court filings stated Jay wants shared custody of their three minor children, and she wants primary custody, while he would have visitation.
Cavallari claims in the new docs that he is “punishing” her and trying to “intimidate” her so that she will agree to a custody agreement that is “unfavorable to her.” Her attorney calls this “typical of Husband's behavior towards Wife."
Kristin also alleges Jay has stated he is “not going to be leaving the marital residence."
The filing goes on, "Wife does not believe that it is in the best interest of either party or their minor children to reside in the same household... Wife fears that if the parties are required to remain in the same residence, it would be an unhealthy environment, causing irreparable harm to their minor children."
The papers also claim, "Husband makes inappropriate statements to and about Wife and attempts to draw her into an argument in front of their minor children. Now that Husband has announced he will not leave so Wife can exercise parenting time with the children, Wife fears the situation will escalate.”
Cavallari is asking the judge to release her share of the money, so that she can buy a new home.
Neither party has commented on the filing.
Jay initiated the divorce when he filed court docs a few days ago. In the papers, obtained by “Extra,” Jay cited “irreconcilable differences,” while Kristin responded, accusing of him of “marital conduct as renders further cohabitation unsafe and improper." He has not publicly responded to the accusation.
Cavallari and Cutler live in Tennessee, which is considered a “fault” state, and L.A.-based family law expert Steve Mindel told People magazine, "In most states, just the fact that you want to get divorced is enough. There's no need to prove fault. But in a few states, fault is still an issue. If you can prove fault, there may be a financial advantage or an advantage with regard to how you co-parent your children."
Another expert, Marlene Eskind Moses, a certified family law trial specialist and manager in Nashville, further explained "inappropriate marital conduct.”
"There are strategic decisions you make with all the filings. We have 15 different grounds for divorce in Tennessee," she said. "Irreconcilable differences is certainly the least aversive and the more amicable one. Marital misconduct is the next least-aversive and they can kick up from there."
Moses clarified that marital misconduct can be “somewhat benign” or “more extensive” depending on the facts and allegations presented.
“It can be anything from verbal abuse to physical harm, extramarital affairs, to financial withholding, to excessive sex, abnormal sex... The term is very expansive. It's pretty much a catch-all,” she said.
The couple announced on Instagram Sunday that they were parting ways "after 10 years together."
In the post, which features a touching image of the couple, arms around each other as they walk away from the camera, Cavallari writes that they "have come to a loving conclusion to get a divorce. We have nothing but love and respect for one another and are deeply grateful for the years shared, memories made, and the children we are so proud of. This is just the situation of two people growing apart. We ask everyone to respect our privacy as we navigate this difficult time within our family."
The split follows unsubstantiated rumors that Cutler and Cavallari's BFF Kelly Henderson were having an affair. Cavallari has said she did not believe the gossip, but she was upset that her friend "never once" apologized or backed off of mentioning her man on social media.
A source tells People that the split had “absolutely nothing” to do with Henderson.
Cavallari and Cutler became engaged in April 2011 after a year of dating, split up, got back together, and were wed in 2013.
They are the parents of son Camden, 7, son Jaxon, 5, and daughter Saylor, 4.