Mohr had filed to end his 10 year marriage in July but withdrew the petition 6 days later, telling TMZ, he and Nikki were "Very in love. Very happy and that's really all there is."

Things apparently took a turn for the worse, because he filed Tuesday citing irreconcilable differences. This time around Jay wants joint legal and physical custody of their 5-year-old son. He also says they have a prenup that spells out all the financials.

After filing the first time Jay asked for an emergency order for full custody, claiming their child was at risk because of Nikki's alleged drug and depression problem.