Tom Cruise “Is Really Sad About What’s Happening,” Says His Lawyer

Tom Cruise attends the "Mission: Impossible - Ghost Protocol" U.S. premiere at the Ziegfeld Theatre on December 19, 2011 in New York City. James Devaney/

Tom Cruise speaks — well, at least his lawyer has.

Although his estranged wife Katie Holmes has been highly visible in NYC over the past week, the 50-year-old Rock of Ages star has been completely M.I.A.

Cruise flew back home from Iceland (where he was shooting Oblivion) to Los Angeles on Tuesday, his 50th birthday, and many expected the actor to file his own divorce papers in response to Holmes' June 28 filing, which asked for sole legal custody of daughter Suri, 6.

Cruise's attorney, Bert Fields, finally spoke up to BBC News about the developing story. "Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri," Fields said, and seemed to snipe back at Holmes' very public post-split appearances in the Big Apple.

"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," he added.

"It's not Tom's style to do this publicly," Fields said of his client, who wed Holmes in November 2006. "He is really sad about what's happening."

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