Letourneau, 55, never filed a response to his separation papers, which he filed all the back in May, while she failed to appear in court earlier this month.
However, she has since filed her response and a formal hearing has been set for December.
Fualaau's lawyer said: "My client is moving forward with the separation."
The pair embarked on their infamous relationship when then 34-year-old teacher was 13-year-old Vili's sixth-grade instructor.
She then served seven years in prison for having relations with him and was released back in 2005.
Prior to entering prison, she gave birth to their first child Audrey, now 20. They eventually got married and had one other child Georgia, now 18.
The couple shared a home in Des Moines, Washington.
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