Danny Masterson has agreed to give his estranged wife Bijou Phillips both legal and physical custody of the couple's daughter - as he serves a 30 year sentence for raping two women.
In legal documents obtained by TMZ, the disgraced That 70s Show actor, 47, who was sentenced last month, has requested visitation with the former couple's only child, Fianna, nine - this will be under prison supervision if it is granted.
Masterson has listed the couple's date of separation as September 15 - one week after he was sentenced to serve 30 years to life for attacking two women in 2003.
Bijou had stayed by his side during the trial but filed for divorce on September 18.
Masterson had two trials. His first, six months earlier, resulted in a mistrial after a different jury were hopelessly deadlocked on all three rape charges.
He was freed on a $3.3million bail throughout both, but that freedom ended with his double conviction on May 31.
The actor has been locked up in the notorious Men's Central Jail in downtown Los Angeles since then.
Bijou, who had faithfully stood by her husband of 12 years throughout his two sexual assault trials, was consoled by brother-in-law Jordan Masterson following the sentencing.
Her lawyer Peter A. Lauzon said the case has 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 seen by TMZ last month.
'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.'
Bijou reportedly said their date of separation is 'TBD', citing irreconcilable differences as the reason for their divorce, according to freelance journalist Yashar Ali.
She has asked for spousal support and attorney fees and wants her legal name changed back to Phillips rather than Masterson.
The actress also requested to 'terminate the court's ability to grant support' to the actor, according to documents seen by People.
Under California law, the court retains jurisdiction over the issue of spousal support, meaning that at any time in the future Masterson could ask for spouse support. But Bijou's request to terminate the court's jurisdiction would mean the convicted rapist could never seek support if it is granted.
Bijou, a Scientologist along with Masterson, also requested that she be granted full legal and physical custody of their daughter Fianna given that Masterson will be behind bars potentially for the rest of his life. But the actress said she will allow their daughter to visit him in jail.
She also asked that the court divide up the couple's assets, indicating that they never signed a prenuptial agreement.
The pair started dating in 2004 after meeting at a poker tournament in Las Vegas, and they got engaged in 2009 before saying 'I do' at a castle in Ireland in 2011.
Formerly a devoted wife, she accompanied Masterson to his court cases in a show of solidarity for the now-disgraced actor.
Seeming to believe his protestations of innocence, she even sent a letter to Los Angeles Superior Court Judge Charlaine Olmedo begging for leniency ahead of his sentencing.
In her letter, obtained by DailyMail.com, Bijou claimed Masterson was a 'life-saving' partner who dedicated himself to farming to support his family when the accusations about him started to emerge and he lost his acting career.
She also noted Masterson's aversion to drugs - a common principle of Scientology - and his apparent dedication to helping young actors escape the downfalls of wealth and fame.
But as she heard the heartbreaking testimonies of his victims in court in a harrowing trial, Bijou seems to have reconsidered her marriage.
The victims, known to the court as Jane Doe #1, #2 and #3, focused not only on the disturbing details of the sexual assaults but also described how they were intimidated and driven from their community as the church of Scientology punished them for speaking up against the That 70s Show's star.
While Masterton was convicted of raping the first two, the jury was deadlocked over a third charge for the rape of Jane Doe #3, who is his ex-girlfriend Chrissie Carnell-Bixler.
Bijou wore a large pair of dark glasses at points during the testimonies to hide her emotions.
Masterson did not react to his sentencing - but he blew Bijou a kiss as he was escorted to the slammer.
But Bijou sobbed as she sat amid a grim group of Scientology friends and family members in the public gallery. At one point, she held a handkerchief up to her face.
Masterson blew Bijou a kiss in the court room when he was sentenced to 30 years behind bars
A close friend revealed to DailyMail.com at the time that Bijou felt 'like she is grieving a death' as she awaited her husband's sentencing.
'Currently Bijou is circling the drain and is filled with all the emotion and no emotion at all,' they said.
'She is a shell of who she has been. She is really trying to be strong for her daughter as she is trying to figure out life and what it will be like for her.
'It can only be compared to a divorce or a death for her not being able to be with Danny the way they were.'
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