Charlie Sheen’s wife Brooke Mueller had already retained a divorce lawyer in the weeks prior to the Christmas bust-up that landed the actor in jail.

A source revealed that Mueller met with a divorce attorney before the incident that left Sheen arrested on two felonies and a misdemeanour.

“She’s miserable in the marriage and so is he,” RadarOnline.com quoted the source as saying.

Sheen is said to have physically assaulted Mueller after she told him about her divorce plans, and then confirmed by the affidavit of the police officer who responded to Mueller’s 911 call