Now they're correcting themselves, and TMZ has the real story.
Apparently, Pennsylvania is a no-fault state for divorce. If a husband and wife agree that the marriage is totally over, then the divorce can proceed. This is where it gets sticky, reports TMZ. Apparently there are two boxes to check as to why a couple is divorcing -- "irretrievably broken" and "living separate and apart for two years." Kate, to hurry things up, checked both boxes. Why? Because if Jon gives her flack and says the marriage ISN'T broken, she can just wait two years, and it will be all she wrote anyway. TMZ says Kate's "hedging her bets."
Kate is a woman who knows what she wants!