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EXCLUSIVE VIDEO: Kelly Rutherford Says Ex "Doesn't Care"

May 22 2009, Published 6:01 a.m. ET

Link to FacebookShare to XShare to Email caught up with actress Kelly Rutherford in Santa Monica, CA on Friday, nearly nine months pregnant and entrenched in a bitter divorce battle with ex Daniel Giersch.

"I've tried everything, I've tried mediation. I don't think he wants it to be amicable," Rutherford said exiting proceedings regarding their son Hermes.

The pair are actually arguing over the potty training regime for their 2-and-a-half year old, the issue winding up in court because Rutherford wanted Hermes' potty training to stop during their stressful split.

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It was agreed that Hermes will continue to wear training diapers and be encouraged to go to the potty, if he so desires.

"He doesn't care," Rutherford said of Giersch, "he doesn't care if it's stressful, that's what's hard. What are you going to do?"

The Gossip Girl actress rattled off a few suggestions we found interesting. She contemplated outloud ways of coping with the messy situation.

"You write a book about it? You talk about it? You help other women, I guess, who have been through it?" she asked.


Rutherford is expected to deliver she and Giersch's second child, a girl, within the next two weeks.

The two will continue to share joint custody of Hermes, but will show to court for evaluation July 23. Rutherford is expected to return to Gossip Girl's NYC set on July 30.



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