updated 05/09/2014 AT 6:00 PM ET
•originally published 05/09/2014 AT 7:55 PM ET
Sherri Shepherd and her husband of almost three years, Lamar Sally, have split – and a legal fight is brewing over their unborn child.
Sally, who married The View co-host in Chicago in August 2011, filed for legal separation on May 2, according to L.A. Superior Court documents.
The papers reveal that they are expecting a boy on July 28, who will be named Lamar Sally Jr. – and that Sally wants full legal and physical custody of the baby.
Shepherd, 47, told the Tom Joyner Morning Show last June that she and Sally had found a surrogate so that they could have a baby.
In addition to asking for custody of the baby, Sally is requesting that Shepherd only gets “reasonable” visitation rights and asked for an order preventing her from interfering with the baby being given to him after he’s born.
He has asked for spousal support and for Shepherd to pay his attorney fees. Sally has also asked that the couple’s prenup be invalidated based on fraud.
She and Tarpley split in 2010 after nine years together.