The ‘Don’t Be Late’ star claims in new documents that she and ex Kroy Biermann “had multiple marital sexual relations since [his] filing a lawsuit for divorce”
Things aren’t over between Kim Zolciak and Kroy Biermann — at least not as far as she’s concerned.
A month after Biermann (38) filed for divorce for the second time, The Real Housewives of Atlanta alum, 45, refused the request.
According to documents obtained by PEOPLE, Zolciak filed a motion to dismiss Biermann’s divorce filing on Monday, citing their recent sexual relationship as proof that his original claims — that their marriage was “irretrievably broken” — were false.
Zolciak said in the documents that she and Biermann have “engaged in marital sexual relations multiple times since filing for divorce” and “most recently” had sex on Sept. 7.
Andy Cohen was ‘really surprised’ Kim Zolciak called off her divorce from Kroy Biermann: ‘It sounded irreconcilable’
Given their reconciliation, the filing claims Biermann’s divorce petition “should be dismissed.”
The “marital relations” between them “demonstrate that the marriage is, or was at some point subsisting after filing,” therefore “proving that the allegations of irretrievable dissolution of marriage are patently false,” the documents state.
In order to proceed with the divorce, both Biermann and Zolciak must “reaffirm once again that the marriage is indeed irretrievably dissolved” by filing another petition, the request states.
Kim Zolciak and Kroy Biermann in ‘Watch What Happens Live’.
Charles Sykes/Bravo/NBCU Photo Bank/NBCUniversal via Getty
When Biermann filed for divorce in August, it was the second time the couple had announced they were separating. They announced their divorce in May, but later reconciled in July and were “trying to make it work for the kids,” a source told PEOPLE at the time.
Kim Zolciak posted a selfie with her wedding ring after calling off her divorce from Kroy Biermann
They have four children: Kroya Jr., 12, Kash, 11, and twins Kaia and Kane, 9. Biermann is also the adoptive parent of Zolciak’s other two daughters, Brielle, 26, and Ariana, 21.
:max_bytes(150000):strip_icc():focal(749x0:751x2)/kim-zolciak-kroy-1-092623-c8e4e5a53ff2462ea9138bbe7f019e76.jpg)
Kim Zolciak and Kroy Biermann on “Don’t Be Late”.
Wilford Harewood/Bravo/NBCU Photo Bank/NBCUniversal via Getty
Kim Zolciak Says It’s ‘Crazy’ That Her 13-Year Relationship With Kroy Biermann On ‘RHOA’ Lasted
Since Biermann’s second filing on Aug. 24, Zolciak has been steadfast in her hopes of saving the marriage.
In a post on her Instagram Story earlier this month, she shared that she still lives with the former NFL pro at their shared home in Georgia. “I live here and I’m not going anywhere!” she said. “We are working on our marriage and living together as husband and wife. There are too many daily lies.”
A few days later, she shared a quote about “enjoying your privacy” on her Instagram Story. “You don’t care if anyone sees you, hears you, or proves anything…just live and soar in silence and peace,” the quote said. Zolciak added two red hearts and a prayer emoji to the post.
:max_bytes(150000):strip_icc():focal(499x0:501x2)/kim-zolciak-kroy-2-092623-d6ceb53d7cff48e39bd8b3c6bd0128bb.jpg)
Kroy Biermann and Kim Zolciak on “Watch What Happens Live.”
Charles Sykes/Bravo/NBCU Photo Bank/NBCUniversal via Getty
Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best PEOPLE has to offer, from juicy celebrity news to compelling human interest stories.
Former Don’t be late the stars seem to have suffered from financial difficulties. In February, their Georgia mansion went into foreclosure, although the couple prevented the property from going to public auction.
Because of this, Biermann went to court himself last month and requested the exclusive possibility of selling the house. Court documents obtained by PEOPLE say the sale could help wipe out the couple’s “substantial debt.”
Categories: Trends
Source: HIS Education