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The 'Complaint for Divorce' papers were filed Nov. 22 -- just one day after Tammy had Rodney arrested at their Brentwood, Tenn., home. She told police her husband was drunk and tried to smother her with a pillow. She also claimed he shoved her down a hallway in front of their 10-year-old son, Elijah. The singer vehemently denies all charges and insists it was strictly a verbal argument.
"This was an unfortunate verbal dispute between Mr. and Mrs. Atkins within hearing range of their child, and when Mr. Atkins realized their child was in hearing range of the argument, his first priority became getting out of the earshot of the child," Rodney's lawyer, Rose Palermo, writes in a statement given to The Boot. "That is when Mrs. Atkins called the police and gave them her version of the argument, which is completely untrue."
Tammy is asking for full custody of Elijah, along with alimony, child support and "equitable distribution" of the marital property. Rodney wants joint custody of the little boy. Both are asking the other to pay all legal fees.
Divorce proceedings also include a temporary restraining order, forbidding both parties from making disparaging remarks about one another in the presence of any children or to each other's employers. Among other stipulations, the restraining order also states neither are to take their son more than 100 miles from their home.
The first hearing in the Atkins' divorce, addressing an amended motion filed by Rodney, is scheduled for Tuesday, Dec. 20.
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