Burke, 46, filed for divorce from Charvet, 45, on Friday in Los Angeles County citing irreconcilable differences in court documents obtained by PEOPLE. The two separated in January.
The actress is seeking joint legal and physical custody of their two children: son Shaya, 10, and daughter Rain, 11. Burke is also mom to daughters Sierra, 16, and Neriah, 18, from herprevious marriageto Garth Fisher.
“They’ve been separated for a couple of months and tried as hard as they could to make their marriage work, but at the end of the day they have to do what’s right for them and their family,” a source tells PEOPLE.
Describing the wedding as a “secret mission,” she added, “We told no one – no friends, not even our mothers. We broke the news toour childrenjust days before our departure.”
Burke and Charvetwere marriedon a sailboat anchored off of a private beach, while music they had handpicked played in the background. “I felt incredibly peaceful, certain, and blissfully happy,” she wrote. “In my soul, I was already married. Making the spiritual commitment to exchange vows in our favorite place, in front of our four children, with my soulmate seemed like a real life fairytale.”
Of keeping their connection alive, Burke toldHealthin 2014, “We believe in romance. We hold hands. We cook together. We still make out.”
“We’re very fiery passionate people, so when we fight, it’s like the 4th of July!” she added.