Laffoon and Heche in 2006
02/02/2007 at 07:00 PM EST
Anne Heche's husband, Coley Laffoon, filed for divorce after five years of marriage, according to papers filed in Los Angeles Superior Court.
Laffoon, who cited the usual irreconcilable differences, is seeking joint custody of their 4-year-old son, Homer, and spousal support from Heche, the papers show.
Laffoon filed for divorce against the Men in Trees
star Thursday and the papers were released on Friday. He gave no date of separation.
But earlier this month, Heche's rep confirmed that the couple had separated,
saying: "They have requested that they be allowed their privacy at this time."
The couple wed in 2001. Laffoon, a self-described stay-at-home dad (whose parenting skills Heche publicly praised as recently as Jan. 14) met Heche when he filmed a 2001 documentary on her then-partner Ellen DeGeneres.
The reason for the breakup between Laffoon, 33, and Heche, 37, say insiders, was the actress's budding relationship with on-camera love interest James Tupper (known as "McTreemy" on the Men in Trees
set), who split from his wife in late 2006.
Though reps for Heche and Tupper have not commented publicly on the romance, the pair didn't seem to be hiding on a Jan. 13 flight from Vancouver to L.A. "They looked like high school kids in love," a witness told Entertainment Tonight Canada,
adding that Heche spent part of the trip on Tupper's lap, whispering and cuddling.
Later that month, Heche lingered over a three-hour dinner at Vancouver's Gotham Steakhouse with her new man. Says a source: "It was clear they enjoyed being together."