Earlier this month, Costner claimed that Baumgartner broke the terms of their prenuptial agreement by refusing to leave the home within 30 days of filing for divorce. Now, the mother-of-three — who shares Cayden Wyatt, Hayes Logan and Grace Avery with Costner — is requesting an emergency meeting with a judge to discuss the situation.
Per legal documents obtained by Radar, Baumgartner alleged that her soon-to-be ex-husband "seeks to kick Christine and their three children out of the house that the children have lived in for their entire lives."
"Although the legal basis for Kevin’s request to kick his wife and children out of their home is non-existent, that is still a matter of critical importance to Christine," her attorney stated in the filing.
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Baumgartner's attorney also noted he was not available on the hearing date the Robin Hood: Prince of Thieves actor had suggested, but that Costner's lawyer "denied my request for this professional courtesy."
"She basically said that another attorney on our team could handle [the situation]," Baumgartner's attorney continued, adding that the actor's team also suggested they could "attend via Zoom."
The attorney further clarified that he believed there was no reason for the hearing to be conducted with any immediacy, as "there are no allegations of domestic abuse."
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As OK! previously reported, Baumgartner filed for divorce from Costner on Monday, May 1, following 19 years of marriage.
The Bodyguard star later accused his ex of violating the terms of their prenup by refusing to leave "Kevin’s separate property residence unless and until Kevin agrees to various financial demands."
Costner stated he already made a payment of $1 million dollars after the legal papers for their separation were filed.
Costner also alleged he'd come up with a "comprehensive temporary child support and fee proposal, he has agreed to and has maintained the financial status quo since the Petition was filed, continuing to pay all of the parties’ children’s expenses, and he is negotiating a summer visitation schedule for the parties’ three teenage children."