Kelly Rutherford with Daniel Giersch
01/03/2009 at 12:00 PM EST
Pregnant Gossip Girl
actress Kelly Rutherford and her husband of two years, German entrepreneur Daniel Giersch, are calling it quits.
Rutherford, 40, who is three months pregnant, filed for divorce on Dec. 30, citing "irreconcilable differences," according to papers obtained by PEOPLE.
Giersch filed for legal separation the same day, a source tells PEOPLE.
Giersch and Rutherford, who is expected on the Gossip
set in New York Tuesday, also have a 2-year-old son
This is Rutherford's second marriage.
Rutherford’s rep couldn’t immediately be reached for comment.
first reported the news of the divorce.
Reporting by KEN LEERELATED ARTICLE: Get the dish on the stars of Gossip Girl! RELATED GALLERY:
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