The Gossip Girl actress filed for divorce from Giersch in January 2009 after two years of marriage.
"Irreconcilable differences" were cited as the reason for the decision, while Rutherford had previously admitted that she'd been "scared to leave" her husband because he was so "angry".
E! News reports that the actress has secured a four-day trial scheduled for July 12, that will involve the couple's ongoing custody battle along with other divorce details.
Rutherford filed a temporary restraining order against Giersch after the divorce, saying that he had that he physically threatened her nanny and tried to jeopardize her ability to breastfeed.
The couple have two children together, Hermes Gustaf, 5, and Helena Grace, 3.