Halle Berry's divorce petition may be ruled invalid.

Halle Berry

Halle Berry

The 'Extant' actress filed for divorce from Olivier Martinez on Monday (26.10.15) but simply handed her spouse the documents, which is forbidden under Californian law, which states a party to an action can't serve the other party.

In addition, a judge may also have to rule on whether the petition is legal as the 49-year-old star used aliases, giving her name as Hal Maria, her estranged husband's as Oliver Martin and their two-year-old son Maceo as Mac, TMZ reports.

A day after Halle submitted her filing, Olivier also submitted a petition of his own as he didn't think using pseudonyms would be valid.

Both petitions cited irreconcilable differences as the reason for the split, but while Halle asked for no spousal support for either her or Olivier, her 'Dark Tide' co-star asked for the issue to be sorted out at a later date.

The actress also stated all of her earnings and assets are her property under the terms of their pre-nuptial agreement.

Halle - who also has seven-year-old daughter Nahla with ex-boyfriend Gabriel Aubry - was also previously married to baseball player David Justice for four years until 1997, and to singer Eric Benet from 2001 to 2005.