The star's lawyer, Bert Fields, has confirmed to the BBC that the 50-year-old is planning to file for divorce but, for the moment, has opted to let his estranged ex "play the media" before making any moves.
"Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri," Fields said.
He added that they've decided to let Holmes take the spotlight first before filing their own counter divorce case.
"We are letting 'the other side' play the media until they wear everyone out," Fields explained, "and then we'll have something to say."
Although it appears the couple could be gearing up for a contentious battle, with custody for 6-year-old Suri front and center, Fields reiterated that Cruise is disheartened by the turn of events.
"It's not Tom's style to do this publicly," Fields said. "He is really sad about what's happening."
Holmes, 33, filed for divorce on June 28 in New York City and is seeking sole custody of Suri. Speculation has been mounting that Cruise could file a counter divorce case in California and seek joint custody, but, per the BBC, Fields wouldn't confirm those reports.
The opening salvo for their legal showdown comes on July 17, when Holmes is set to appear in front of a family court judge in New York City for an order-to-show-cause hearing, allowing her to request a speedy temporary order before Cruise's legal team has a chance to respond.