Zincone filed the papers in L.A. County Superior Court on Nov. 27, the day before Thanksgiving. He seeks joint legal custody of their baby son, but physical custody with Akerman. He's also requesting alimony from Akerman.
The couple, who welcomed Sebastian in April, wed in 2007.
The Trophy Wife star, 35, admitted that after Sebastian was born, she was in a "baby vortex" of dirty diapers and "burping and farting and eating and sleeping" but she loved it.
"It's amazing, the biggest love you have ever felt in your life – I got to my husband, 'I still love you, just this little one a little more,'" she admitted.