The CW star, who is in the midst of a bitter custody battle with Giersch over the former couple's 2-year-old son, Hermes, and newborn daughter Helena, reveals to Life & Style that she chose to leave her spouse while she was pregnant because "it was pretty obvious [they] weren't getting along."
Add to the mix, according to Rutherford, entrepreneur Giersch's mounting legal troubles involving several lawsuits and "things only got more intense."
Soon after filing for divorce, the 40-year-old actress found herself in the delivery room giving birth to her baby—but without Giersch present.
"When you're in labor, you don't want the man you're divorcing in there, especially someone who's said cruel things about you," she explains.
Meanwhile, things are heating up in the L.A. courts, as Giersch tries to prevent Rutherford from taking Hermes back to New York while she works on Gossip Girl.
"I'm not moving without my kid," she insists. "I'm not doing anything without my son."
What's more, Rutherford believes having dad out of the picture altogether wouldn't be so bad.
"The most important thing is that children have love and stability in their lives, whether that comes from a mother or a father. [Alone], I can raise them to be much more peaceful."