This is a marriage that just isn't going to work

Robert Z Feldstein Kim Mathers' lawyer

Before Christmas, the pair agreed to get back together and Eminem's lawyer, Harvey Hauer, said that they were "really happy".

But the reconciliation has been short-lived. Hauer said the couple made "a good faith attempt" at getting back together but "apparently it wasn't the most successful attempt".

Mrs Mathers' lawyer, Robert Z Feldstein, said: "This is a marriage that apparently just isn't going to work.

"Luckily, the parties seem to be communicating well with respect to their daughter and hopefully that communication and co-operation is going to be ongoing for the best interest of the child."

Will the real Slim Shady please stand up?

Hauer dismissed claims that this was a publicity stunt.

"Whoever thinks that is not thinking straight," he told The Detroit News.

"Mr Mathers doesn't need more publicity. Besides, he did not file so nobody can accuse him of attempting to get publicity."

The couple married in June 1999. Mrs Mathers is now seeking joint physical and legal custody of their daughter.

She also has asked Macomb County Circuit Court to put in place a restraining order, freezing the couple's mortgage, life insurance and other assets, until a divorce agreement can be worked out. No hearing date has been set.

She has previously sued for defamation following the release of one of Eminem's songs, Kim, in which he detailed the fictional killing of his wife. The pair reached a settlement for her $10m (�6.8m) legal action.

Gun charges

In February, Eminem pleaded guilty to carrying a concealed weapon in a bid to avoid a possible prison sentence in the US.

The charge stems from an incident outside a Detroit nightclub in June last year after Eminem saw a man kissing Kim.

As part of a plea deal prosecutors dropped an assault charge against the singer. The 28-year-old will be sentenced on 10 April.

He recently picked up three Grammy awards and one Brit award.