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Halle Berry’s ‘Toxic’ Marriage To Olivier Martinez Is Over, But Is Her Divorce Filing Legal?

By Shelley Hazen
Published on: 02:55 PST, Oct 28, 2015

That’s divorce number three for Halle Berry, the latest in a plague of celebrity split-ups that have seen many high-profile marriages crash and burn. And though the ink is still wet on the paperwork, spats about the filings’ legality have already begun.

Berry managed to file for divorce Monday in secret against Olivier Martinez after two years of wedded bliss. She filed under an alias — Hal (an obvious abbreviation of her first name, Halle) and her middle name Maria, TMZ reported. This move was an attempt to avoid media attention, which lasted about a day.

Here’s the first problem: it’s not clear whether Berry, or anyone for that matter, is legally allowed to file for divorce using an alias. Martinez did the same thing, however, filing his own paperwork the day after Berry. He pseudonym: Oliver Martin.

Their son, Maceo, 2, is even given a false name: Mac Martin.

The judge will have to decidewhether Halle Berry’s — Hal Maria’s — paperwork is legal. If it’s not, Olivier will be considered the petitioner instead.

Another issue: Halle didn’t serve her soon-to-be ex the divorce petition properly. Berry handed him the documents, which is prohibited in the state of California. Oops.

TMZ also uncovered this detail about the document. Though the couple filed a prenup, Berry’s petition specifies that both parties get to keep the money they earned during the marriage. The detail is even more interesting when one considers that Halle apparently worked so much during their 2-year-marriage that Martinez became very lonely, and he worked hardly at all.

Both Halle Berry and her beau cited irreconcilable differences in their separate filings. Halle isn’t specifying whether she wants primary or joint custody, rather Berry prefers what’s in the best interest of Maceo. The couple released this joint statement about their doomed marriage as well, according to TMZ.

“It is with a heavy heart that we have come to the decision to divorce. We move forward with love and respect for one another and the shared focus for what is best for our son. We wish each other nothing but happiness in life, and we hope that you respect our, and most importantly our children’s privacy, as we go through this difficult period.”

Naturally, there’s much more supposed nastiness going on behind the scenes. Firstly, to the matter of custody. According to Radar Online, Halle Berry is gearing up for what the rumor mill suspects will be a vicious battle.

The problem goes back to another failed relationship and bitter custody fight, this time with Halle’s model ex, Gabriel Aubry. That arrangement requires Berry to stay in Los Angeles until their daughter, Nahla, turns 18. But when Halle and Olivier married in 2013, they planned to raise a family in Europe. The judge’s ruling regarding Nahla squashed that, and the new Mr. Halle Berry had to move to L.A., People added.

According to a source, he “never loved living in L.A. full time. [He] just isn’t happy in L.A.”

And that has led to another potential problem for Halle.

“The concern for Halle is that Olivier, a French citizen, will attempt to take Maceo to live in France. There is no way Halle will allow that to happen and will fight it all the way. This is going to get nasty, very fast.”

Related to this problem are Olivier’s, who hasn’t worked in a while, complaints about Halle’s schedule. Described by one source as a “very macho guy,” he didn’t want Berry to sign on for her latest project, CBS’s Extant, and didn’t understand why Halle was focused on her career.

Without Berry by his side, sources said the Frenchman grew lonely and very bored, so often returned to France, which led Halle to form “serious trust issues. It was just a very toxic situation,” an insider hinted.

All that boredom and loneliness apparently led to some screaming matches, made worse by Martinez’s “epic temper.” In 2012, he traded fisticuffs with Aubry during Thanksgiving at Berry’s house. And this year, he shoved an empty car seat at an employee at LAX as he, Halle, and the kids left the airport. That example of his supposed “hair-trigger temper” was the beginning of the end for Halle’s latest marriage, sources said.

“They have had many issues. They both have fiery personalities and don’t like to compromise. Halle has threatened to file for divorce several times after arguments.”

[Photo By Mark Davis / Getty Images]

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