Bret Fields seemingly confirmed reports that Cruise will seek to countersue the Batman Begins actress somewhere other than New York, where she will apparently have a greater chance of gaining sole custody of their 6-year-old daughter Suri.
"Tactically we can't say where Tom will file a divorce case and if he'll be seeking joint custody of Suri," BBC Newsbeat quotes Fields as saying.
"We are letting the other side play the media until they wear everyone out and then we'll have something to say.
"It's not Tom's style to do this publicly. He is really sad about what's happening."
Fields previously expressed hope that Cruise's divorce from Holmes will "not [be] a contentious matter".
A former high-ranking Scientologist who conducted confessionals with Cruise has also warned the actor that Holmes's team could release private information about him if their custody battle turns nasty.
The couple are believed to have separated over Holmes's fears that Suri may be forced to adopt Scientology.
Photo gallery - Tom Cruise and Katie Holmes in pictures:
Copyright: Rex Features