Mary Kay Fualaau, formerly Letourneau, was a married 34-year-old teacher and mother of four in Seattle in 1996 when she began an affair with Fualaau, her 13-year-old student.
Letourneau gave birth to her young lover's child before she went on to serve more than seven years in prison on charges related to their sexual relationship.
Soon after she was released from prison in 2005, the pair got married in Woodinville, Washington.
It's not clear what led Fualaau to file the petition.
Whitney Gardner, attorney for Vili Fualaau, says he has no comment at this time, and requests privacy for his family.
CNN could not reach Mary Kay Fualaau or her representative for comment.
No pre-nuptial agreement filed
Vili's signature on the document is dated May 8, but the petition was filed in King County Superior Court in Washington May 9.
In the filing, Vili, who had two girls with his wife, says the children are no longer dependent, and jurisdiction over the children does not apply.
The filing also acknowledges the couple did not file a pre-nuptial agreement or separation contract.
Vili states in the petition that neither spouse owns any real property, and asks the court to divide any personal property fairly. They currently live in the same house, according to the document.
Vili did not want an Order for Protection, he indicated in the document.
Under the section of the filing that asks the petitioner, Vili, if he wants the court to issue a restraining order as part of the final orders in this case; he answers "reserved."