Halle Berry's divorce petition went under the radar, because she didn't use her real name, and now a legal fight is brewing over who's divorcing who.
TMZ obtained the docs Halle filed Monday ... one day before Olivier Martinez filed his own divorce petition.
Halle gives her name as Hal Maria. Hal is obviously short for Halle, and Maria is her middle name. We're told she did it for privacy reasons.
Olivier Martinez is listed as Oliver Martin.
Halle's lawyer, Steve Kolodny, even listed their 2-year-old son Maceo as an alias -- Mac Martin.
As for whether filing under an alias is legal or not, it's somewhat unclear, and a judge may have to decide if Halle's petition is legit or if Olivier becomes the petitioner.
We do know this ... Halle did not properly serve Olivier ... she just handed him the documents, which she's not allowed to do. Under California law, a party to an action can't serve the other party.
One interesting thing in Halle's divorce document ... as we reported, the couple has a prenup, and now we know the document provides that each party is entitled to the earnings they made during the marriage ... at least according to Halle.
Olivier Martinez has just filed for divorce against Halle Berry, TMZ has learned ... and the plot is thickening.
TMZ broke the story Halle filed for divorce Tuesday morning, but the divorce petition is nowhere to be found in the system. A source connected to Halle tells us it was filed under pseudonyms.
Apparently Olivier doesn't think fake names are kosher, so his lawyer, disso queen Laura Wasser, has just filed for divorce listing Olivier as the petitioner.
As for why being the petitioner is important, in Hollywood it matters who left who.
Olivier's asking for joint custody of the couple's 2-year-old son, Maceo. As we reported, they have a prenup so money will not be an issue.
We're told Olivier and Halle have not been getting along and last week was a breaking point, after an LAX employee sued Olivier for pushing a car seat into his chest. He also named Halle and we're told she went nuclear on Olivier saying he's responsible for her bad publicity.
We're told Halle and Olivier had a fundamental personality clash. She is "very difficult" and "goes nuts when she doesn't get her way," and Olivier has a temper, though not violent toward her. It was a bad combo.
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