Rodney Atkins and his wife, Tammy Jo. (Evan Agostini/AP)

Tammy Jo Atkins claims her husband attempted to suffocate her with a pillow and assaulted her after he had been drinking in late November, according to the Associated Press. Atkins was arrested and charged with domestic assault.

The singer denied the allegation in a statement, written by his attorney Rose Palermo, posted to his Web site:

“This was an unfortunate verbal dispute between Mr. and Mrs. Atkins within hearing range of their child, and when Mr. Atkins realized their child was in hearing range of the argument his first priority became getting out of the earshot of the child, and that is when Mrs. Atkins called the Police and gave them her version of the argument, which is completely untrue.”

Palermo said Atkins felt he had “no recourse but to file a complaint for divorce.” Tammy Jo Atkins is seeking full custody of their 10-year-old son, while Rodney Atkins is asking for joint custody, according to the AP.

A hearing is set for Dec. 20.