Bijou Phillips Files for Divorce from Danny Masterson After He Receives 30-Year-to-Life Rape Sentence

Bijou Phillips is ending her marriage to husband Danny Masterson after he was sentenced to 30 years to life in prison in a rape retrial earlier this month.

Phillips, 43, filed for divorce Monday in a Santa Barbara, Calif., court, according to documents obtained by PEOPLE. She cited “irreconcilable differences” as the reason for their split after almost 12 years of marriage, although a date of separation was listed as “not to be determined”.

According to the documents, Phillips asked her for spousal support and to “rescind the court’s ability to award child support” to Masterson, with whom he shares a 9-year-old daughter, Fianna. She also asked for full legal and physical custody of Fianna, and for their assets to be divided by the court as separate assets.

“Ms. Phillips has decided to file for divorce from her husband at this unfortunate time. Her priority remains her daughter,” Phillips’ attorney, Peter A. Lauzon, told PEOPLE in a statement.

He continues: “This period has been unimaginably difficult for the marriage and the family. Mr. Masterson has always been by Mrs. Phillips’ side during her most difficult times in her life. Mrs. Phillips acknowledges that Mr. Masterson is a wonderful father to their daughter. She hopes that everyone will respect privacy of her family in these difficult times.”

Masterson’s defense attorney, Shawn Holley, did not immediately respond to PEOPLE’s request for comment. TMZ first broke the news.

Danny Masterson was sentenced to 30 years to life in prison for raping 2 women

The filing comes after Phillips was in the courtroom — along with members of Masterson’s family — for the Sept. 7 sentencing, according to Diversity. The actor, 47, was seen blowing a kiss to his wife before being taken to jail in the courtroom sketch.

A source told PEOPLE last week that the actress was “distraught” by the verdict. The insider shared that Phillips is “surrounded by family and friends” amid her husband’s legal troubles, adding, “She’s been in contact with his lawyer. They are planning appeals. She’s trying to stay hopeful.”

Danny Masterson is seen blowing a kiss to wife Bijou Phillips during his sentencing on September 7, 2023.

Mona Shafer Edwards / BACKGRID

Danny Masterson Controversy Timeline

A Los Angeles Superior Court jury found Masterson guilty of two counts of rape in May, according to Los Angeles Times. After jurors deliberated for more than seven days, the third count of the indictment for rape resulted in the jury being dismissed, the newspaper reported.

Masterson did not register a large reaction to the verdictaccording to LA reporter Meghann Cuniff, who noted that his family members were “fighting back tears,” and Phillips also began to cry when he was sentenced.

Cuniff reported that Judge Olmedo told her, “Can you keep your composure? I know it’s hard. But if you don’t, you have to get out.”

Danny Masterson is seen arriving in court with his wife Bijou Phillips on May 30, 2023.

BACKGRID

Holley confirmed to PEOPLE after the verdict that Masterson plans to appeal.

A source previously told PEOPLE that Phillips is “shocked and devastated” by the conviction.

“She was not ready for judgment. She never expected him to be found guilty,” the insider said. “She couldn’t believe that he was immediately taken into custody and detained.”

The source added that Phillips was “terrified by the verdict”.

Danny Masterson convicted of 2 counts of rape

In 2020, Masterson was charged with the forcible rape of three women in separate incidents between 2001 and 2003. He was released on $3.3 million bail and later pleaded not guilty to all three counts in January 2021.

At the time, Masterson’s attorney, Tom Mesereau, issued a statement to PEOPLE saying, “Mr. Masterson is innocent and we are confident that he will be exonerated when all the evidence finally comes to light and witnesses have an opportunity to testify.”

“Obviously, Mr. Masterson and his wife are in complete shock that these nearly 20-year-old allegations are suddenly resulting in indictments, but they and their family take comfort in knowing that eventually the truth will come out,” he continued. Mesereau. “People who know Mr. Masterson know his character and know the allegations are false.”

All of the alleged crimes took place at Masterson’s home, prosecutors say, and all three defendants took the stand to detail their allegations in a May 2021 preliminary hearing.

Danny Masterson. Lalo Yasky/Getty Bijou Phillips ‘shocked’ by husband Danny Masterson’s rape conviction, but won’t leave him: Source

Masterson was originally set to stand trial on those charges in late 2022, but the trial was mistrialed after jurors couldn’t reach a unanimous verdict. Ten of the 12 jurors wanted to find Masterson not guilty based on the evidence presented.

Many of the allegations against Masterson first surfaced in March 2017 when the LAPD’s Homicide Robbery Division confirmed that an investigation into sexual assault allegations against the actor was underway. HuffPost then reported in November that a fourth woman had accused Masterson of raping her in the early 2000s.

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In response to the allegations, Masterson was removed from the Netflix series Ranchin which he starred alongside his ex That 70s show actor Ashton Kutcher. Agency United Talent also terminated cooperation with the actor.

“This is beyond ridiculous,” Masterson told PEOPLE through his attorney at the time. “I’m not going to fight my ex-girlfriend in the media like she’s been baiting me for over two years. I’m going to beat her in court – and I’m looking forward to it because the public will finally be able to learn the truth and see how this woman surrounded me. And when her lawsuit is rejected, I intend to sue her and the others who jumped in to sue for the damage they caused me and my family.”

If you or someone you know has been sexually assaulted, contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

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Source: HIS Education