Tom Cruise is waiting before filing for divorce from Katie Holmes Nobody rushes Tom Cruise. The actor is just chillin', his attorney said this week, waiting to file his own divorce papers once the media has worn itself out with the current "Katie Holmes escapes" story line. "Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri," Bert Fields told the BBC this week, acknowledging the fact that his client might want the case handled in California, where the couple has had their primary residence. We are letting 'the other side' (Katie and her team), play the media until they wear everyone out and then we'll have something to say. Holmes is seeking sole legal and residential custody of their 6-year-old daughter, a move insiders have said is designed to keep Suri away from Scientology. Cruise, who turned 50 on Tuesday, left Iceland for L.A. that day, heading for what People called a "somber" birthday on the West Coast with Connor, 17, and Isabella, 19, his kids with Nicole Kidman. He has said he's "deeply saddened" by the turn of events. He'd been filming "Oblivion" in Iceland when he learned of Holmes' June 28 divorce filing, and will reportedly continue to work on the sci-fi actioner in L.A. Holmes, meanwhile, took four bodyguards along for the ride and visited her high-powered divorce attorneys Friday in New York. She's due in court July 17 for an order to show cause hearing. Her attorney Jonathan Wolfe said Thursday that the only motion they'd filed so far besides the divorce petition itself was a request for anonymity on documents related to the case. The 33-year-old actress recently told Elle magazine that she felt as if she were coming into a "new phase" in her life. "He has been Tom Cruise for 30 years ...," she said. I know who I am and where I am and where I want to go, so I want to focus on that. PHOTOS: Tom Cruise and Katie Holmes through the years together