Tom Cruise and Katie Holmes have called a temporary truce while their lawyers try to negotiate a full divorce settlement ... TMZ has learned.

Sources very familiar with the situation tell us ... there are NO immediate plans for either side to go to court. There will be no court hearing Monday, Tuesday or in the foreseeable future, unless the negotiations fall apart.

Sources tell us the lawyers are negotiating child custody, visitation, child support and a property settlement.

We're also told the whole settlement could be ratified in New York if all goes well.  In other words, there may not be a move by Tom's camp to transfer the case to California, where judges are more likely to award joint custody.

One source described the emotional state of the negotiations as "calm."


Katie was spotted this morning in NYC, heading into her lawyer's office.

Tom Cruise controlled Katie Holmes like a puppetmaster ... making every major and even minor decision in her personal and professional life ... and in the end, she felt like she couldn't breathe without his permission ... this according to sources close to the actress.

Movie studio-connected sources tell us Tom executed an "Art Kill" way back when Katie was doing "Thank You for Smoking" in 2005 ... when the 2 first started dating.

Sources tell us Tom instructed producers to "kill" any promotional photos which showed Katie and Aaron Eckhart engaged in kissing or "anything else compromising."

We're told Tom also imposed his will during "Batman Begins" ... prohibiting Katie from flying with the rest of the cast. Instead, Katie would only travel on Tom's private jet. One source tells us Morgan Freeman was "disgusted" by the situation. On the other side, however, one source scoffed and said, "Wow, Tom offered her his private jet. How terrible for Katie."

Ultimately, our Katie sources say she grew sick and tired of playing Pinocchio to Tom's Geppetto ... and decided it was time to cut the strings.

Morgan Freeman tells us, claims he was "disgusted" by Tom and Katie's situation are "BS."

Tom Cruise and Katie Holmes barely looked each other in the eyes on what we're told was their final meal together as a couple.

The photo was snapped on June 16th in Reykjavik, Iceland, where Tom was shooting his new movie. Katie filed for divorce in New York less than two weeks later on June 28th.

TMZ broke the story ... Tom and Katie were sleeping apart in the weeks leading up to the divorce filing. And according to her divorce docs, Katie insists her marriage had been "irretrievably broken" for at least 6 months before that.

As we reported, Tom was "blindsided" by Katie's decision to divorce -- but as you can see in the pic ... the writing was on the wall.

Katie Holmes may say her decision to divorce Tom Cruise is over Scientology, but it's NOT ... so say sources directly connected to Tom.

Our sources tell us ... they believe Katie and her team are leaking false stories to the media by maintaining she was trying to save Suri from the grips of Scientology, and that's why she left Tom.

As one well-connected Tom source put it, "She [Katie] was totally committed to Scientology. She had enthusiasm for it and would voluntarily and gladly participate in it when Tom was off shooting movies."

The source adds, "This is not a fight over religion. It's being used as a way to hurt Tom."

And on the subject of hurting Tom, as we first reported, sources connected with the actor tell us Katie's people have made it difficult for him to speak with Suri by phone, but he's talked to her every day. He has no immediate plans to see his daughter because he's leaving today or tomorrow to shoot his new movie in the Rockies.

Tom's lawyers have not filed any docs in court -- yet -- to establish his custodial rights. If that happens, we're told they will file in New York, although it's pretty clear they will ask to have the case sent to California.

And, as for what Tom's people say the divorce is really about ... they won't say yet, but tell us it's coming.

Tom Cruise and Katie Holmes have cut off all contact with each other, and her people are making it difficult for Tom to have contact with his daughter ... sources very familiar with the situation tell TMZ.

Although Tom now has "absolutely no contact with Katie," his people are negotiating/bickering with Katie's people over when and how Tom can talk to Suri. We're told Tom does speak with his daughter by phone at least once a day, but sources connected with Tom say it hasn't been easy. 

We're told when Tom's on the phone with Suri, there is one place he has not gone ... he has NOT discussed the breakup of his marriage with his daughter.

As for when Tom will attempt to see Suri ... sources say it's not going to happen for awhile. We're told Tom was in L.A. for the 4th but he's leaving before the weekend to shoot his new movie in the Rockies.

Our sources say things are "really bitter now" between Tom and Katie. He feels betrayed by her and thinks she is using Suri as a weapon.

And you don't need sources to know one thing -- if he's blocked from seeing Suri, his lawyers will make a beeline for court.

Katie Holmes is officially happy -- at least that's the way it appeared in NYC yesterday, when the actress dropped by an ice cream parlor with her daughter Suri ... and finally had a good laugh.

It's the first time Katie's smiled that big since she filed for divorce last week. In fact, it's the first time we've seen her smile that big in a while.

Of course, Katie and Suri weren't alone -- they stopped by the East Village ice cream shop with some friends. Oh yeah, and 4 hulking bodyguards.

Talk about flavor of the month.

Katie Holmes desperately wanted to save Suri from a form of interrogation practiced by the Church of Scientology that she was steadfastly against ... TMZ has learned.

Sources close to Katie tell TMZ, back in 2005 she had witnessed Tom's other kids participating in a Scientology ritual she found to be troubling ... and feared Tom would drag Suri through the same process.

Ex-Scientologists call the process "sec checking."  Here's the way it works.  The subject holds electrode handles on a device called an e-meter and is then asked a series of personal questions that help the Church locate "areas of spiritual distress."


Some ex-Scientologists claim the questions include:

-- What has somebody told you not to tell?
-- Have you ever decided you did not like some member of your family?
-- Have you ever bullied a smaller child?
-- Have you ever lied to a teacher?
-- Have you ever done something you were very much ashamed of?
-- Have you ever refused to obey an order from someone you should obey?
-- Have you ever gotten yourself dirty on purpose?

During the process, a person called an "auditor" collects e-meter readings.

Several ex-Scientologists have come out against "sec checking," claiming it's a mild form of psychological terrorism designed, in part, to get children to report on their parents.

We're told Katie would have none of it and it is one of the reasons she broke from the Church and ultimately Tom.

Tom Cruise may not be numero uno with Katie Holmes anymore, but he's # 1 in the money department.

Forbes just came out with a list of the highest paid actors in Hollywood -- and Tom is tops at $75 mil for the period between May 2011 and May 2012. 

As we first reported, Tom won't be sharing that money with Katie, because their prenup cuts her out of his fortune.  Of course, she can challenge the prenup ... a definite possibility.

FYI ... Tom pulled in more than twice what the #2 raked in -- and that would be Leo DiCaprio and Adam Sandler at $37 mil each.

Katie Holmes will be getting virtually nothing from Tom Cruise by way of $$$$ because their prenup cuts her out of his fortune ... and sources connected with Katie tell us it's just fine with her.

We've learned the prenup Katie signed is long, tight and stacked in Tom's favor.  We're told reports that she'll walk away with $15-20 million are absurd.  Our sources say Katie will walk away with what she brought into the marriage ... and hardly anything else.

Our Katie sources tell us, "She's not about the money.  She's not that girl.  She loves to work."

We're told there's one thing Katie is insistent on -- she wants child support from Tom, and that could turn into a big ticket item.

As for whether Katie will challenge the prenup ... it's pretty common when a divorcing couple is in conflict, and our Katie sources are not ruling that out.  But they insist, "Money is not that important to her.  She makes plenty on her own."

One final point ... a well-placed source connected with the couple tells us, the prenup that basically gives Katie bupkis is proof the marriage is not a sham -- she didn't tie the knot for the loot.

Will Smith and Jada Pinkett Smith have a decision to make ... 'cause now that their good friends Tom Cruise and Katie Holmes are in the middle of a nasty divorce, they've gotta pick a side.

Will and Jada were pretty tight with TomKat -- they famously attended the couple's wedding at an Italian castle back in 2006.

The Smiths flew in to LAX yesterday, even though they weren't talking about the split ... but the smart money is on the couple siding with Tom ... because Will has gone out of his way to defend the star in the media, especially when it comes to Scientology.

In fact, back in 2007 Will told "60 Minutes," "When I sit and I talk with Tom Cruise, he is one of the greatest spirits that I’ve ever met – someone who is committed to making the world better."

He added, "You have people [that] are attacking and wanna fight that don’t know nothing — how you gonna not know nothing about Scientology and attack somebody? It’s dangerous and it’s ignorant."

“How can I condemn someone for what they believe and I believe that God was born from a pregnant virgin?”

Sure, he's got some issues now -- his movie tanked, he's getting divorced -- but Tom Cruise is turning the big 5-0 today ... and he STILL looks like $275 million (minus Katie's share).

Here's the actor as a 29-year-old back in 1992 (left) -- and over 20 years later, the new fiftogenarian at some event in June.

The question ...