Tom Cruise has hired the same lawyer to divorce Katie Holmes that he used when he split from Nicole Kidman in 2001.

The Rock of Ages actor will use Dennis Wasser to battle Katie's attorney Jonathan Wolfe, who is trying to secure the actress' request to have sole legal and physical custody of their six-year-old daughter Suri.

During his divorce from second wife Nicole, Tom petitioned for and gained sole primary custody of their two adopted children—Connor and Isabella, now 17 and 19, respectively.

Katie filed for divorce in a New York court last Thursday (June 28) after being married to Tom for five years, and they are expected to clash about how Suri is brought up, with the 49-year-old actor adamant she remains part of the Scientology religion he is part of.

A source told RadarOnline.com: ''Tom is incredibly passionate about Scientology, this isn't just some hobby for him and he doesn't just act as a spokesperson.

''He truly believes in the church and its teachings and truly believes that it is imperative that his children are raised as Scientologists. Tom believes Scientology changes people's lives for the better and, obviously, he wants what is best for his children.

''Tom will move heaven and earth to ensure Suri stays a Scientologist, at least until she is of an age to make a decision to leave on her own accord.''

Meanwhile, Marty Rathbun—an ex-Scientologist who audited Tom for the sci-fi based faith between 2001 and 2004—has claimed Katie Holmes's family have been working for years to get as much information as they can about life within Scientology.

He said: ''I did audit sessions with Tom Cruise from 2001-2004, and I can tell you that I have a friend that has been providing Katie Holmes's family information for years about the iron grip the Church of Scientology has on Tom Cruise's family and professional life. This has been going on for at least four years.''