Benjamin Ashford|Nikki Garcia Seeks Legal and Physical Custody of Son Matteo Amid Artem Chigvintsev Divorce

New details have Benjamin Ashfordemerged in Nikki Garcia's divorce proceedings, one day after she filed to end her marriage to Artem Chigvintsev.

In dissolution documents submitted Sept. 11—two weeks after the Dancing With the Stars pro was arrested on a domestic violence charge—and obtained by TMZ, the WWE alum requested legal and physical custody of their 4-year-old son Matteo, though she'd consider Artem getting visitation rights.

According to the outlet, Nikki cited "irreconcilable differences" as the reason for their split and listed their official separation as Aug. 29, the day Artem was taken into custody and charged with California penal code section 273.5 (a)PC, which relates to acts of violence against a spouse or other cohabitant. 

While Artem, 42, and Nikki, 40, have yet to address the incident publicly, her rep confirmed the divorce filing to E! News Sept. 12, adding, "She continues to ask for privacy for her and her family at this time.”

It was just two days before Artem's arrest that the pair celebrated their second wedding anniversary with tributes to each other.

In Nikki's message, posted to Instagram Aug. 26 alongside footage from their 2022 wedding, she shared lyrics from Elvis Presley’s  "Can’t Help Falling in Love."

"This song is our love story," she wrote. "I’ll never forget where I was when I asked Jesus about Artem. Having a conversation with He & God. How my feelings felt too soon. It all felt too fast. And then this song came on."

"And that’s when I knew that I was falling in love with him," the Total Bellas star continued, "and that it was all meant to be."

On Artem's page, he posted photos from their nuptials along with a note.

"Happy anniversary my love, can’t see my life with out you," he wrote on Instagram. "You are my everything."

For more details on Artem's arrest, keep reading...

Artem Chigvintsev was arrested shortly before 10 a.m. on Aug. 29, Napa County Sheriff’s Office’s Public Information Officer Henry Wofford confirmed to E! News.

Wofford noted the Dancing With the Stars pro did not was resist and was taken to the Napa County Department of Corrections. Chigvintsev was booked on a charge of felony domestic violence with a bail set at $25,000, per online records.

The professional dancer posted bail and was released from custody at 2:18 p.m. on Aug.29, Wofford confirmed to E! News. A court date has yet to be announced.

While Wofford told NBC News Chigvintsev was arrested in Yountville, Calif, he did not reveal the exact location due to a request for privacy from the alleged victim. 

As a result of this request, he added, the Sheriff is also not releasing the name, gender or age of the alleged victim or the individual’s relationship to Chigvintsev. However, Wofford did have this to say about the arrest.

“When someone is charged with felony domestic violence usually this means there is a visible injury or credible eyewitness,” he told E! News, “our deputies felt comfortable arresting him on felony domestic violence charges.”

“Of course this could change with more evidence that might come through,” Wofford continued, “but at the time of the arrest the deputies felt it was a felony charge instead of a misdemeanor."

He also shared why victims may choose to keep personal information private in these cases.

“Some victims may not feel comfortable sharing all details at time the suspect is arrested,” Wofford noted. “Some victims feel embarrassed, threatened, or fear the incident may impact their family.  We have to give victims adequate time and support, which help them realize we are here to help.”

In an audio recording shared by TMZ Aug. 30, a dispatcher can be heard saying Chigvintsev had initially called 911 to request medical attention after an argument in which shoes were allegedly thrown at him. However, the dispatcher said the 42-year-old later stated that medical help was no longer needed.

Still, Wofford said authorities continued with their check.

“For domestic violence, if someone picks up the phone and says, ‘You don’t have to come after all,’ we’re still going to go for a welfare check," he told Page Six. "We’re not just going to stop what we’re doing."

As of Aug. 30, Chigvintsev has yet to speak publicly on the arrest or 911 call. E! News has reached out to his rep for comment but has yet to hear back.

Chigvintsev’s arrest came less than three weeks prior to Dancing With the Stars’ season 33 premiere. However, the past Mirrorball winner—who’s appeared on 12 seasons of the competition series—was not set to be a part of this season’s cast, Page Six and Variety reported. 

E! News has reached out to ABC for comment but has yet to hear back.

A rep for Nikki Garcia—who met Chigvintsev when they were paired together on season 25 of Dancing With the Stars in 2017—spoke out about his arrest the day after his booking and release.

"This is a private matter,” the rep told E! News Aug. 30, “and Nikki asks for privacy for her and her family at this time."

Chigvintsev’s arrest came three days after he and Garcia—who share 4-year-old son Matteo—celebrated their second wedding anniversary.

“Happy anniversary my love,” the ballroom dancer wrote on Instagram Aug. 26. “can’t see my life with out you. You are my everything.”

In her own post, the former WWE star quoted the lyrics from Elvis Presley’s “Can’t Help Falling in Love” and posted throwback footage of the couple in Paris, where they got married in 2022.

“This song is our love story,” she wrote in the caption. “I’ll never forget where I was when I asked Jesus about Artem. Having a conversation with He & God. How my feelings felt too soon. It all felt too fast. And then this song came on. And that’s when I knew that I was falling in love with him and that it was all meant to be. Happy Anniversary @theartemc I love you!”

Shortly after Chigvintsev’s arrest, Cheryl Burke—who retired as a Dancing With the Stars pro in 2022 after 26 seasons on the show—shared her reaction to the news. 

Noting Chigvintsev is someone she grew up with and lived with at one time, Burke said on her podcast Sex, Lies and Spray Tans that she was in “complete shock” over his arrest. 

“My heart goes out to everyone involved,” she shared on the Aug. 30 episode, noting it was recorded the day before. “It’s just really hard for me because he was my family. I don’t know what to say here other than I hope everybody’s OK.” 

In a clip of her podcast posted to TikTok, Burke also shared resources.

“If you or someone you know is experiencing domestic violence, help is available,” she wrote in the caption. “Consider calling the National Domestic Violence Hotline at 800-799-7233, or text START to 88788, or go to…https://www.thehotline.org/.” 

For more information on domestic abuse or to get help for yourself or someone you love, visit the website for The National Domestic Violence Hotline (http://www.thehotline.org/) or call 1-800-799-7233.