David Tutera, My Fair Wedding Host, Divorcing Husband
05/01/2013 AT 02:00 PM EDT
Tutera, who wed longtime partner Ryan Jurica in September 2003 in Vermont, where same-sex marriage is legal, is seeking to end his domestic partnership in California, where the couple live. (Same-sex marriage is not legally recognized in California.)
The couple separated on New Year's Day 2013, according to Los Angeles County Superior Court documents filed by Tutera on April 19 and obtained by PEOPLE. The filing, which cites "irreconcilable differences," also states that the two men are expecting the birth of twins via a surrogate in July.
Tutera is seeking full legal and physical custody of the twins, with visitation for Jurica. He also does not wish to pay spousal support and asks that Jurica be responsible for all legal fees related to their split and the division of property.
When contacted by PEOPLE, Tutera's rep offered no comment. Jurica's lawyer, Bettina D. Hindin, sent a statement to PEOPLE Wednesday.
"Unfortunately, Mr. Tutera has determined to play out this matter in the public forum," reads the statement.
"There are two children’s lives at stake, and they should not be brought into their parents' divorce."
TMZ was the first to report the story.
Reporting by KEN LEE and CHARLOTTE TRIGGS