After a failed reconciliation attempt, it appears that Kimberly Mathers and Eminem are once again headed for a divorce.
Mathers' lawyers filed for the divorce Thursday in a Macomb County (Michigan) Circuit Court, citing "a breakdown of the marriage relationship ... and [because] there remains no reasonable likelihood that the marriage can be preserved," according to a copy of the divorce complaint obtained by MTV News.
As part of the divorce, Mathers has asked that physical and legal custody of the couple's 5-year-old daughter, Hailie Jade, be jointly awarded to her and Eminem (born Marshall B. Mathers III), even though she claims to have been "the primary parenting party" since Hailie's birth.
"[Kim] is willing to let Marshall participate in the raising of Hailie," said her lawyer, Robert Z. Feldstein, "and believes that both parents should be involved, as long as he continues to communicate and cooperate with Kim in a manner designed to serve the best interests of their daughter."
Eminem's lawyer in the matter, Harvey Hauer, refused to comment on whether the filing was a surprise to the rapper, noting, "We were hopeful that a reconciliation could be reached, but that was not to be. Now [Eminem's] paramount concern is for the care of his child, which he dearly loves."
Mathers has also asked that all of the couple's financial assets be frozen until they have reached a divorce agreement and settlement, a provision Feldstein and Hauer classified as standard in most divorce cases in Michigan.
"The request is designed to insure that there is no financial mischief and that there is not a sudden transfer of funds between accounts," Feldstein said. "That way everything's on the table prior to the divorce negotiations and court proceedings."
A court date has not been set for a hearing on the financial restraint order.
The new divorce action for Mathers and Eminem is just the latest turn in a long and winding marital road for the former high school sweethearts, who were wed June 14, 1999, in St. Joseph, Missouri.
Eminem initially sought a divorce from his wife in August, a month after she attempted suicide at the couple's home in Warren, Michigan, following her husband's set on the "Up in Smoke" tour in Auburn Hills, Michigan.
Mathers responded to Eminem's divorce request by suing him for a share of their joint marital estate and an additional $10 million for the intentional infliction of emotional distress through his songs and onstage performances.
They eventually settled the suit as part of a deal in which Mathers retained physical custody of Hailie, while Eminem shared legal custody of the child. In December, Eminem and Mathers agreed to drop the divorce proceedings, and announced that they would be living together with Hailie in their Michigan home (see "Eminem, Wife Reconcile").
"Mrs. Mathers is pleased that she and her husband have been able to set their differences aside, particularly for the sake of their daughter," Mathers' lawyers wrote in a statement at the time.
Eminem has referred to his wife and their tumultuous relationship in such songs as "97' Bonnie & Clyde," from The Slim Shady LP, and "Kim," on The Marshall Mathers LP. In "Bonnie & Clyde," Em raps about disposing of Mathers' body after cutting her throat, and in "Kim" he describes an increasingly heated argument that leads to her murder.
Mathers did not specifically request that Eminem stop rapping about her in the new divorce papers, although Feldstein said that there are "parameters within the divorce that will allow for her to seek additional relief and for the court to address such issues."
(Eminem discusses his relationship with Kim, and explains why he didn't thank her at the Grammys, in our exclusive feature interview "Eminem: I Came To Make A Statement.")