Hillary Duff's husband Mike Comrie has filed for a petition seeking joint custody of their son Luca, according to a report on TMZ. This petition comes after the actress sought primary custody of their child earlier in February.

According to the source cited above, this is the only objection that Duff's estranged husband had in the divorce filing. The ex-hockey player has agreed to honor the terms of their pre-nuptial agreement, except for the stipulations on the custody of their son.

In the divorce papers that Duff filed, she stated that she is seeking for primary custody of their 3-year old son because of her husband's partying ways. The source also added that Comrie has been spotted hitting on waitresses in Beverly Hills.

"Hilary finally realized Mike wasn't going to change," according to an insider who talked to Us Magazine. "He totally blew it and chose to live life like he was single."

Duff filed for divorce earlier in February. The "Lizzie McGuire" star hired celebrity divorce lawyer Laura Wasser to file the divorce proceedings, citing irreconcilable differences as the reason for the divorce.

In a recent interview with Cosmopolitan magazine, Duff explained her decision to divorce her husband. "It wasn't working well enough to stay together, but there was still a lot of love involved," the star revealed. "It was just a slow set-in of us not being the match that we used to be."

"I'm lucky for the person he is and I am and how we decided to handle this," she added.

The couple had been separated for a year before the divorce papers were filed. Even so, Us magazine said that the two had been spotted spending time with each other which prompted many to believe that they were on the road to reconciliation.

Duff even gave an interview with the magazine where she said that she was not closing any doors. She said that she was "not in a rush for anything." She also added that they were "just trying to enjoy our lives and figure out what makes us happy and it's working for us."