Nikki Garcia requests legal and physical custody of her and Artem Chigvintsev’s son, 4, in divorce filing – after his domestic violence arrest

Nikki Garcia has filed for divorce seeking sole legal and physical custody of the son she shares with her estranged husband Artem Chigvintsev after he was arrested on domestic abuse charges.

Chigvintsev, 42, was arrested for allegedly assaulting her in their Napa, California, home on the morning of Thursday, August 29. The former WWE star, 40, filed for annulment of marriage in Napa Superior Court on Wednesday.

Garcia quoted irreconcilable differences in the dissolution documents per TMZ and names August 29 as the date of the divorce, the day of the arrest.

She is open to Artem’s request for visitation rights for their four-year-old son Matteo.

She asked the block whether the court could award spousal support to one of them.

Chigvintsev, 42, was arrested for allegedly assaulting her in their Napa, California, home on the morning of Thursday, August 29 — and the former WWE star, 40, filed for dissolution of marriage in Napa Superior Court on Wednesday; seen in 2019

Just days before the professional dancer was arrested, the couple had celebrated their second wedding anniversary, with Chigvintsev sharing a heartfelt message in an Instagram post: ‘Happy anniversary my love, I can’t see my life without you. You are my everything.’

On Saturday, Chigvintsev re-added his wife’s name to his Instagram bio, less than 24 hours after removing it.

Sources recently told DailyMail.com that Chigvintsev is desperately trying to save the marriage.

Police were called to the couple’s $1.5 million Yountville, California, home after reports of a fight.

Sources say the couple called 911 twice: first to ask for help for an injury, then they called back and asked emergency services not to come.

But with domestic violence looming in the background, Napa Sheriff’s Department officers went to the couple’s leafy neighborhood anyway, and took Russian-born Chigvintsev away.

He was booked into the Napa County Jail at 10:59 a.m. on suspicion of domestic violence. He was released on $25,000 bail at approximately 2:18 p.m.

In a photo released by the Napa County Sheriff’s Office, the ballerina looks somber in a plaid shirt and gray beard.

Chigvintsev is seen in his arrest photo after his shocking arrest

The arrest, which reportedly came after Garcia threw shoes at her husband, came less than four days after the couple celebrated the anniversary of their August 2022 wedding — with both marking the moment on social media.

According to sources, Chigvintsev is scheduled to appear in court in Napa on Tuesday over the incident and is prohibited from leaving Napa County until the case is resolved.

And now Artem is reportedly doing everything he can to prove to his wife Nikki that he ‘can be a different man.’

While she has reportedly banned Artem from seeing their four-year-old son Matteo unsupervised and is seeking a divorce lawyer, sources have revealed to DailyMail.com that he is fighting “the fight of his life” to win her back – especially now that he has been cut from the upcoming season of DWTS.

“Artem is very frustrated and angry that he was not asked to return for this season of Dancing with the Stars, and now it looks like he may never return,” they said.

‘His life, both professionally and personally, has been and continues to be turned upside down.’

“He doesn’t know what his next move is with Nikki. He’s been angry for a long time and now he’s in the fight of his life to clear his name and win Nikki back. But he hasn’t decided what he can do to show her that he can be a different person.”

‘They are currently having a limited dialogue with each other.’

“If and when he sees Matteo, Nikki wants it supervised. Her trust is out the window and she’s very angry with Artem, he’s got a tough fight ahead of him. It’s all a mess.”

“She’s tried and tried to make it work, but she thinks divorce is the only option. It hurts, but Nikki is such a strong woman, and she’s doing what’s right for her, and for Matteo.”

While Artem is desperately trying to repair his marriage, Nikki’s twin sister Brie Garcia reportedly wants her sister to leave him for good.

Earlier this week, an insider close to former WWE star Brie, 40, said she was “disgusted” by the news of Artem’s arrest and wants her twin brother to have nothing to do with him.

On Saturday, Chigvintsev updated his Instagram bio by re-adding his wife’s name, less than 24 hours after removing it; seen in 2015

“Nikki’s sister Brie is shocked, disappointed and just sad that this has happened,” they told DailyMail.com.

“She loves Artem, and for this to happen is so impossible for the person she knows. Brie is very concerned about it and is there for her sister no matter what.”

The addition: ‘Brie, who is clearly the closest to Nikki, as anyone would, tells her to leave Artem. If this is as bad as it seems, and if it has happened before, she will be the first to tell Nikki to leave him once she learns everything that has happened.’

Nikki and Artem’s two-year marriage was reportedly plagued by feuding, but his violent outburst has shocked the WWE star and her family.

“One thing Nikki never showed was the verbal issues she had with Artem,” the source continued. “They weren’t very nice to each other and they never built a friendship.”

“Their sole focus was on their son and not on each other. That led to arguments, but as far as anyone knows, it never became physical.”

“Family and friends are very surprised that it became physical, but they’re not really surprised that there were problems. To outsiders, it seemed like normal relationship problems.”

Over the weekend, Nikki was spotted boarding a JSX flight to Sin City at Oakland Airport without her wedding ring. She was accompanied by her son and an assistant.

On Tuesday, TMZ claimed that Nikki went looking for a lawyer the day after Artem allegedly attacked her.

Nikki’s twin sister Brie Garcia (pictured) reportedly wants her sister to leave Artem for good

According to the publication, she has been making phone calls since Friday and plans to end her marriage.

Artem and Nikki’s paths first crossed in 2017, when they worked together on the 25th season of Dancing with the Stars.

Artem previously dated other celebrities, including dancer Giselle Peacock, 43, between 2004 and 2005. He also dated DWTS judge Carrie Ann Inaba, 56, between 2006 and 2008.