Where there's smoke there's fire, so we think a split is near!

Jennifer Garner has finally reached her breaking point in her marriage to Ben Affleck and has consulted an attorney, Life & Style reports.

"She can’t take it anymore. She’s been consulting with a high-profile divorce lawyer," a source dished to the mag. So what did the actor do recently to make her flip out? "“[Jen] got a call that Ben was 40 minutes late to pick up the kids from school. She had to scramble to arrange another ride for them,” the magazine source revealed.

The Dallas Buyer's Club actress think her hunky hubby is irresponsible, and is planning on a fight over their children. "She doesn’t trust Ben alone with the kids. Custody is not negotiable,” according to Life & Style. Also among their issues is his gambling addiction and alleged cheating, the report claims.

We caught the pair out with their daughter Seraphina today, but they could just be putting on a united front until they're ready to make an announcement.

Move over, Jennifer Aniston - there's a new Poor Jen in town!