The former That 70s Show star, 47,who was sentenced last month for raping two women, has asked for visitation with his only child, Fianna, 9, which will be organised under prison supervision if it is approved, according to legal documents obtained by TMZ.
The disgraced actor has listed the former couple’s date of separation as September 15 - only one week after Masterson was sentenced to serve 30 years to life for the 2003 attacks.
Masterson had two trials. His first, which was six months earlier, ended in a mistrial after the jury were hopelessly deadlocked on all three rape charges.
Phillips, who publicly supported her husband of 12 years throughout his legal battle, was comforted by her brother-in-law Jordan Masterson after her husband was sentenced.
Her attorney, Peter A Lauzon, revealed that the trial had been “unimaginably hard on the marriage and the family”.
“Ms Phillips has decided to file for divorce from her husband during this unfortunate time,” Lauzon said in a statement, reports TMZ.
Actor Danny Masterson (left) stands with his attorney, Thomas Mesereau, as he is arraigned on rape charges. Photo / AP
“Her priority remains with her daughter. This period has been unimaginably hard on the marriage and the family.
“Mr Masterson was always present for Ms Phillips during her most difficult times of her life.
“Ms Phillips acknowledges that Mr Masterson is a wonderful father to their daughter.”