Hilary Duff Files for Divorce Papers One-Year after Separation

Hilary Duff has officially filed for divorce from her NHL husband, Mike Comrie. The couple announced their separation more than a year ago.

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According to TMZ, Duff, 27, has hired attorney Laura Wasser to handle her divorce. The actress and singer listed irreconcilable differences as the reason behind their divorce. Duff is reportedly seeking primary custody of their son, Luca, who turns three next month. Comrie, 34, will have visitation rights.

"They're better friends than a married couple," Duff's mother, Susan, had commented when the couple first announced their separation.

At that time, Duff's rep released a statement to PEOPLE that read: "They remain best friends and will continue to be in each other's lives. They are dedicated to loving and parenting their amazing son, and ask for privacy at this time."

Despite their separation, the couple was seen hanging out together quite often. Since no divorce papers were filed, many believed that the couple had gotten back together. However, it would seem like Duff and Comrie are really better off as friends.

The announcement of the divorce comes one day after stories surfaced about Comrie and his wild night at Mastro's Steakhouse in Beverly Hills on Jan. 30. Comrie reportedly got very rude after a couple of drinks.

Dailymail reported a source saying, "I work there and I have to say he's a really nice guy, actually. He tips well and is super polite and kind. He was just drunk. But then things got worse. I watched him as he blatantly and repeatedly hit on his waitress. I'm sure she was extremely embarrassed because other customers and staff saw this. She handled it well, remaining kind and professional. Mike just wouldn't let up with the flirting. It became a bit creepy."

An eyewitness added, "Mike wanted to wait for her until her shift was over and taker her out. She told him nicely that she was not available, that she was in a relationship, but that didn't phase him."

Sources close to the couple claim that Comrie's womanizing and partying ways during his night out convinced Duff to finally pull the plug in their marriage.

The couple, who were married in 2010, has a prenup.