Kristin Cavallari Cites 'Inappropriate Marital Conduct' in Divorce From Jay Cutler: What Does That Mean?

Mindel expects that the biggest issue for Cavallari and Cutler to settle or agree upon will be custody and working out a parenting plan.

Cavallari is seeking primary physical custody of their sons Camden, 7, Jaxon, 5, and daughter Saylor, 4, with "reasonable periods of parenting time" for Cutler. Cutler is seeking joint custody of the kids.

In his petition, which was filed first, Cutler states that he "has always been the available at home parent and primary caretaker" of their children, which Cavallari denies in her response, saying that she "has been the primary residential parent." Cavallari is asking for child support and that Cutler pay for their kids' health insurance.

"Most states base their child support somewhat on the amount of time each parent spends with the children," says Mindel. "In this case, both parents are sufficiently wealthy independent of each other to support their children in any lifestyle they want, but notwithstanding that, we occasionally will see some games being played with regard to the parenting plan to get more child support or more spousal support."

Mindel shares that Cavallari may have alleged inappropriate marital conduct in order to have the custody of their children be ruled in her favor. "This may just be the warning signal," he says. "That may be one of the reasons why that’s being pled."

In her Instagram split announcement on Sunday, Cavallari maintained that she and Cutler have "nothing but love and respect for one another." A source also previously told PEOPLE that their split had "absolutely nothing to do with" rumors of Cutler cheating with Cavallari's longtime best friend Kelly Henderson.

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