Sean and Robin Penn back to divorce court

(Agencies)
Updated: 2009-08-19 09:23

Cast member Sean Penn (L) and Robin Wright Penn arrive for the premiere of the film "Milk" in Beverly Hills, California November 13, 2008. [Agencies]

LOS ANGELES - Oscar winning actor Sean Penn and his wife Robin's rocky marriage is headed for divorce for the third time, and this time it's Robin who has filed the court papers.

The "Message in a Bottle" actress, 43, filed for divorce last week in northern California where they reside citing irreconcilable differences, People magazine said on Tuesday.

The papers obtained by the celebrity magazine said Robin Wright Penn and her husband had agreed to share custody of their 16 year-old son Hopper Jack and divide their property.

In an interview in the September edition of More magazine, released on Tuesday, Penn said she did not plan to reconcile again. "I hit that crossroad a while ago. For Robin (she gestured toward herself), the 'I know what I don't want' was flashing neon lights."

"I have no regrets. I, we, have two amazing children we raised together," she added. The couple's oldest child Dylan Frances is 18.

The couple, who married in 1996, first started divorce proceedings in December 2007 but got back together again a few months later and withdrew the petition.

Earlier this year, Sean Penn filed for a legal separation but withdrew the request in May after a few weeks, calling his first action "an arrogant mistake."

Sean Penn, 49, won his second best actor Oscar in February for his role as slain gay activist Harvey Milk in the movie "Milk". He won his first in the Clint Eastwood-directed drama "Mystic River" and has been nominated three other times.

Robin Wright Penn is appearing in three upcoming movies "New York , I Love You", an animated version of "The Christmas Carol" and "The Private Lives of Pippa Lee."