Both People and TMZ are reporting that the divorce is happening, albeit on slightly different terms.
In a joint statement released to the entertainment magazine Tuesday, the Oscar-winner and her Frenchman seem to be on the same page and are simply ready to move on.
"It is with a heavy heart that we have come to the decision to divorce," the couple said in a joint statement to PEOPLE. "We move forward with love and respect for one another and the shared focus of what is best for our son. We wish each other nothing but happiness in life and we hope that you respect our and, most importantly, our children's privacy as we go through this difficult period."
They have a son together, Maceo-Robert, who will be two years old in December.
Martinez has also played a role in Berry's ongoing custody battle with her ex-boyfriend Gabriel Aubry. The two men fought each other on the actresses property on Thanksgiving day 2012 after Aubry dropped off his daughter with Halle, 7-year-old Nahla.
Halle had also been fighting to move Nahla to France full-time, but was ultimately denied that request.