halle & olivier

*Hmm, it seems Halle Berry pulled a sneaky one when she filed her divorce papers.

The actor’s divorce petition went under the radar, because she didn’t use her real name, and now a legal fight is brewing over who’s divorcing who.

On Monday, TMZ got their hands on the docs that Halle filed … just one day before Olivier Martinez filed his own divorce petition (which is a whole nother story).

Check this out. Halle listed her name as “Hal Maria.” We’re sure Hal is short for Halle. Maria is her middle name. The reason she did it that way is supposedly because she wanted to keep under the radar.

But why? It was going to come out. It has to, it’s a public document.

Furthermore in the petition, Olivier Martinez is listed as Oliver Martin.

Halle’s lawyer, Steve Kolodny, even listed their 2-year-old son Maceo as an alias — Mac Martin.

As for whether filing under an alias is legal or not, it’s somewhat unclear, and a judge may have to decide if Halle’s petition is legit or if Olivier becomes the petitioner.

We do know this … Halle did not properly serve Olivier … she just handed him the documents, which she’s not allowed to do. Under California law, a party to an action can’t serve the other party.

One interesting thing in Halle’s divorce document … as we reported, the couple has a prenup, and now we know the document provides that each party is entitled to the earnings they made during the marriage … at least according to Halle.

Hmm, like they say, stay tuned. And fill up on the popcorn. This iks getting interesting. Very interesting.

See Halle’s secret divorce document filing HERE.