Rodney Atkins' divorce is right out of a country song

Dec 16, 2011 at 6:08 p.m. ET

Country superstar Rodney Atkins is getting a divorce after a violent he said/she said fight with his wife, Tammy Atkins.

Rodney Atkins files for divorce after domestic violence arrest

Country singer Rodney Atkins doesn't need to look far for songwriting inspiration. The popular singer has filed for divorce from his wife of 13 years, Tammy Atkins, after a November fight turned violent.

Court documents show that Atkins was arrested on Nov. 21 and jailed on $2,500 bond after a booze-fueled fight with his wife. Tammy alleged that her husband threw her down a hallway and attempted to suffocate her with a pillow — all within their 10-year-old son's view.

"This was an unfortunate verbal dispute between Mr. and Mrs. Atkins within hearing range of their child, and when Mr. Atkins realized their child was in hearing range of the argument, his first priority became getting out of the earshot of the child," Rodney's lawyer, Rose Palermo, said in a statement. "That is when Mrs. Atkins called the police and gave them her version of the argument, which is completely untrue."

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He filed for divorce on Wednesday, citing "irreconcilable differences," according to court documents obtained by TMZ. He also denies the domestic violence charges against him.

"Under Tennessee state law, anyone can swear out a warrant to the police and have a warrant issued to an arrest," Palermo said. "Obviously that is the case here, since according to the explicit terms of the warrant, it's entirely based on the word of Mrs. Atkins. The police did not witness any assault because none occurred. The police did not witness any violence between Mr. and Mrs. Atkins. It is entirely based on her word."

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Atkins' lawyer was adamant that he's spent considerable amount of time with his son, Elijah, since the incident and is seeking custody.

"Since filing the complaint for divorce, he has exercised substantial parenting time with the parties' son and he will continue to do so while the divorce is pending. The criminal complaint does not allege that any harm came to the child or Mrs. Atkins and as a result the Court has not prohibited Mr. Atkins from having parenting time with his son," Palermo said.

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Tammy also wants custody, along with child support and "equitable distribution" of the couple's growing wealth. Each side claims that the other is "guilty of such inappropriate marital conduct as renders further cohabitation unsafe and improper."

The divorce is a surprise to country fans. Tammy was featured in the video for Atkins' song "Farmer's Daughter." Now, they're both more likely to sing Tammy Wynette's "D-I-V-O-R-C-E."

Watch Rodney Atkins and Tammy Atkins in "Farmer's Daughter"

Image courtesy Judy Eddy / WENN