In court papers, Moore said the paternity of the couple's two-year-old son, Nicholas, was in question and that there was a pending legal action to determine if he was the father.
The court action followed a reconciliation last month between the 62- year-old comedian and his 33-year-old fourth wife after she went on television and accused him of beating and terrorising her, making her take drugs and forcing her to dance for him in her underwear for up to 20 hours a day.
Nicole Moore filed a $10m damages suit in May against her husband and announced plans to divorce him. He had already filed for divorce from her in 1996 but that suit was dropped.
In her damages suit against Moore, Nicole Rothchild Moore alleged that he repeatedly pushed, hit and choked her. She also alleged that he forced her to take amphetamines that led to her suffering a stroke.
Her lawyer, Kenneth Chyten, said at the time of the suit that Moore "had a strange power he was able to exert over her". Moore was arrested a month before the couple's April 1994 wedding for allegedly abusing her, but those charges were later dropped.
The diminutive actor, who has been based in Hollywood for the last 18 years, recently announced that he would return to Britain this year to star in panto. It is his first pantomime role and a distinct change of pace and lifestyle. He will play Buttons in a production of Cinderella in Southampton and the production will not transfer to the West End. Kate Watson-SmythReuse content