According to court records obtained by PEOPLE (first reported by Page Six), the fashion designer filed in New York County Supreme Court on Monday, the day New York City courts reopened after closing amid the coronavirus pandemic.
Last week, Chief Administrative Judge Lawrence Marks announced that the electronic filing system in New York City's five boroughs will reopen on Memorial Day, accepting new lawsuits and divorce filings (even those deemed non-essential), according to Internal Business Times.
Olsen, 33, requested an emergency order to file for divorce from Sarkozy on May 13, according to court documents. She reportedly signed a petition to divorce the French banker, 50, on April 17, but due to the coronavirus pandemic, New York courts weren't accepting divorce filings at the time — except in cases of emergency.
Olsen cited fears of being forced out of her New York City apartment by her husband and being at risk of losing her personal property in an emergency affidavit, which sought the court to grant her application for divorce "an essential matter."
However, on May 14, her request for an emergency order was denied by a New York State Supreme Court judge. New York City matrimonial attorney Bernard Post told PEOPLE this was because her filing did not rise to the level of a true emergency.
"Domestic violence is an emergency, perhaps refusing to provide health care is an emergency. I want to be divorced because I want to be divorced now is not an emergency," said Post.
The couple tied the knot in November 2015, but didn't see eye to eye on several issues that ultimately led to their split.
According to a source, one of the main issues that caused friction in their relationship was whether or not to have children. Sarkozy, who has two grown children with ex-wife Charlotte Bernard, didn’t want to have any more kids, while Olsen did.
“A few years ago, having a baby was not a priority for her. This has changed,” said the source.
"Olivier has two grown kids and doesn’t want more," a fashion source tells PEOPLE. "Mary-Kate thought he would budge on that and he hasn’t.”
But it wasn't only children that drove the fashion mogul and banker apart, it was also their lifestyles.
“Olivier is a party boy and a big spender,” said a banking source. “He loves the high life.”
Meanwhile, Olsen who runs two clothing brands, The Row and Elizabeth and James with her twin sister Ashley, is more reclusive.
“Mary-Kate prefers to be quiet and alone and doing the things she likes,” said a fashion source. “She’s not that interested in socializing—she likes small gatherings with select people. They ended up being apart quite a bit.”
Olsen's commitment to her work also led to disagreements with Sarkozy. "Mary-Kate is extremely hard working and focused on her business. Her work schedule is beyond disciplined," a source told PEOPLE. "She is the type of person who would never complain about a 12 hour work day. Olivier never understood her drive and passion. He would have loved to have a stay-at-home wife."