Artem Chigvintsev is setting the record straight on his future with Nikki Garcia.
Garcia, 40, filed for divorce after two years of marriage in September, shortly after former Dancing with the Stars pro Chigvintsev, 42, was arrested on suspicion of felony domestic violence on Aug. 29. He was released from custody the same day on $25,000 bail. On Tuesday, Sept. 24, Napa County District Attorney Allison Haley announced her office decided to decline to file criminal charges against Chigvintsev. He and Garcia are both claiming the other was the aggressor in the incident.
In an exclusive statement to PEOPLE on Wednesday, Oct. 16, Chigvintsev shot down reports that he wants to get back with Garcia.
“The reporting that I wanted to reconcile with Nikki is incorrect,” he said. According to his attorney Ilona Antonyan, Chigvintsev has had no communication with his ex since early October.
On Tuesday, Oct. 15, a Napa County, Calif., judge ruled for the exes to share custody of their 4-year-old son, Matteo, per court documents obtained by TMZ. The decision comes after Garcia asked for sole legal and physical custody in her Sept. 11 divorce filing. She also asked that Chigvintsev get visitation of their only child.
In response, he filed court docs requesting joint legal and physical custody of Matteo and spousal support on Sept. 16.
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The estranged spouses, who were each recently granted restraining orders against one another, had celebrated their second wedding anniversary in August, just days before Chigvintsev’s arrest.
To mark the occasion, Chigvintsev posted an Instagram image from their wedding day, writing, “Happy anniversary my love, can’t see my life with out you,” and Garcia shared a montage via Instagram of their love story with the lyrics to Elvis Presley’s “Can’t Help Falling in Love” written out in the caption.
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Chigvintsev’s attorney, Antonyan, told PEOPLE on Sept. 17 that he and Garcia are prioritizing Matteo amid their split.
“The parties are focused on co-parenting and working together for the best interests of their son,” says Antonyan.
Referencing Chigvintsev’s request for spousal support, Antonyan explained, “As a standard practice, the divorce response preserves Mr. Chigvintsev’s financial rights to support and fees. Failure to check these boxes in the responsive pleadings waives the right to seek such remedies. There is no motion pending for spousal support or fees, also known as the Request for Order.”
The attorney added that the “parties intend to resolve all pending issues on mutually acceptable terms.”