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Kelly Rutherford's Divorce Gets Ugly

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You'll never believe the ugly claims they're making against each other.

Kelly Rutherford

"Gossip Girl" star Kelly Rutherford recently separated from her husband of 2 1/2 years, Daniel Giersch, and now things are starting to get ugly. The two are battling it out in court over where their two-and-a-half-year-old son, Hermes, should live while Kelly is filming in New York this year.

According to court papers, Kelly's soon-to-be ex wants Hermes to stay in Los Angeles with him while she films "Gossip Girl" in NY. He's claiming that Hermes will be with strangers all day long, living in a hotel, when instead, he could be in Los Angeles being looked after by him the whole time.

Kelly, who is four months pregnant with their second child, counters Giersch's claims, saying that she thinks it in Hermes' best interest to be with her, as he always is, because she is still breastfeeding him and that he will have trouble adjusting if he is away from her so long.

Although the case has yet to be decided, here are some of the inflammatory accusations being made by both parties.

Giersch claims:

- Kelly tried to hit him when she had an angry outburst.

- On July 6th, Kelly threw her laptop at him while they were in Hamburg. She then smashed the computer on the table and it broke. She then shouted and screamed horrible names at him and Hermes started crying.

- Kelly is often so stressed when she works that Hermes starts crying, which in turn makes her frustrated with him.

- Every week, Kelly has a weekly two-hour hair appointment, manicures, pedicures, shopping sprees, and the like. Due to her other interests and work, she only spends 10% of her time with her son.

- Kelly spends so little time with Hermes that recently she didn't even know how to fold and unfold his stroller.

- Kelly doesn't know how to put her son to sleep and breastfeeds him to sleep instead. Giersch claims that he has no problems putting Hermes to sleep when she's not around.

- Kelly cannot maintain a relationship with a nanny and, because of this, has gone though several since Hermes' birth.

- Kelly wants to have her son in NY because she believes that he is "hers."

Kelly's claims against Giersch aren't as extensive, but they are equally shocking.

Kelly claims:

- While they were married, Giersch told her that there was an "investigation by the German government," and that he could potentially be arrested in Germany.

- During their marriage, her husband had to leave the country every three months because he is here on a temporary visa. Sometimes, she claims, he would leave for 10 days or two weeks at a time and she wouldn't know where he was.

- On several occasions, the couple fought and Giersch abruptly left her in NY alone with Hermes.

- She is fearful the Giersch will leave the country with Hermes and she won't know where they are.

- When Hermes was an infant and she was breastfeeding, Giersch said things to her like, "I can't wait until we don't need you."

The judge has set a January 21st hearing date in the case. In the meantime, Giersch is forbidden from taking Hermes on an airplane in or out of the United States, and Kelly has been granted permission to continue traveling with Hermes for work.

We will bring you more details as this story develops.
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