Kim Zolciak Asks Court to Dismiss Kroy Biermann Divorce Filing, Says They’re Still Having ‘Sexual Relations’

Kim Zolciak claims that, despite Kroy Biermann‘s filing for a divorce for a second time last month, it hasn’t stopped them from acting as husband and wife in the bedroom.

In court documents filed on Sept. 25 and obtained by ET, Zolciak filed a new motion to dismiss her estranged husband’s second petition for divorce, alleging that they are still sleeping together amid their ongoing breakup.

“Contrary to the claims made in the Petition for Divorce, the parties have engaged in marital sexual relations on multiple occasions since the filing of the Petition for Divorce, and most recently on or about September 7, 2023,” the motion reads.

Citing two previous Georgia court cases — one from 1978 and one from 1980 — the petition argues, “The allegation of an irretrievably broken marriage is demonstrably false if the parties have resumed cohabitation or have reconciled for any period. The very fact of cohabitation or reconciliation shows that some possibility remains that the marriage is viable…the parties are required to once again affirm that the marriage is indeed irretrievably broken by the bringing of a new complaint.”

It continues, “The fact that marital relations between the parties occurred up until and then continued after the filing of the Petition, and after Respondent was personally served with the Petition, demonstrates that the marriage is, or was at some point viable after the filing of the Petition proving that the allegations of the marriage being irretrievably broken are demonstrably false.”

Despite Zolciak’s claims that their marriage isn’t beyond repair, it’s clear that things between the former reality TV stars have been rocky for a long while. 

The former Don’t Be Tardy star, 45, and retired athlete, 38, each filed for divorce in May after 11 years of marriage and made a series of allegations against one another. The divorce proceedings set forth a custody battle and a back-and-forth over child support and spousal support.

The former Atlanta Falcons linebacker claimed that his wife has a “very troubling” gambling problem and alleged that she punched him the day before they filed for divorce. He also filed docs requesting court-appointed guardians for his and Zolciak’s children.

After nearly two months of contentious back-and-forth allegations, the pair surprised everyone when they announced they were dismissing their divorce filings in early July.

A source told ET shortly after the couple first dismissed their divorce petitions, “Kim and Kroy are back together but have a lot of work to do on their marriage. The couple’s public split had them each making negative claims about the other, and it’s been tough for them to deal with that.”

Zolciak and the former athlete share four children together — twins Kaia and Kane, 9, Kash, 11, and Kroy Jagger “KJ” Biermann, 12.

The Real Housewives of Atlanta alum is also the mom of Brielle Biermann and Ariana Biermann from a previous relationship.

The August filing wasn’t the end of their troubles. Earlier this month, Biermann filed court documents claiming that the estranged couple is “financially destitute, largely” because of Zolciak’s “reckless spending habits and love for online gambling.”

Biermann laid out the extent of their financial troubles, including an IRS lien on their Alpharetta, Georgia, mansion for unpaid taxes in the amount of $1.1 million. Biermann also listed the lawsuit he’s facing from BMW. He owes the car company $400,000 in unpaid car notes. Biermann also mentioned the Capital One/Saks lawsuit filed against Zolciak and “another lawsuit” he’s facing “by a company demanding repayment for a line of credit issued by a casino in the Bahamas.”

This financial burden, Biermann claimed, is exactly why he wants the court to grant him permission to sell the estranged couple’s $3 million mansion. He claimed that “the only asset the parties have is the marital residence and they are facing foreclosure on the home for a second time.”

Zolciak and Biermann first faced foreclosure in February, and the home was set to be auctioned on March 7. However, the parties were able to avoid foreclosure and the residence was taken off the auction block. At that time, an agreement was reached with Truist Bank that placed the estranged couple on “foreclosure probation,” meaning they had to make their mortgage payments every month for three months, and the unpaid amount would be placed at the back of the loan to avoid foreclosure again. But after failing to make July’s payment, the home is once again facing foreclosure.

Biermann said “there is some equity” built on the marital home despite the IRS lien, and that’s why Biermann is requesting permission from the court to immediately place the home on the market “so the parties could use whatever equity remains to acquire separate residences.”

Biermann claimed that “the toxicity enveloping the marital home is extremely detrimental to the mental and emotional well-being of the children.”

Due to their financial problems, Biermann said he and Zolciak have been forced to live under the same roof but the living situation, he claimed, is not sustainable.

“[Zolciak] has called the police to the residence at least two times to mediate ridiculous arguments between the parties; once because [Biermann] wouldn’t allow [Zolciak] into the master bathroom while he was showering and then again, when [Biermann] locked [Zolciak] out of the master bedroom so he could attempt to get some much-needed sleep,” the court documents state. “It should be noted that weeks prior, [Biermann] had taken up residence in another bedroom. In addition to visits from law enforcement, whenever [Zolciak] is in the home with [Biermann], she insists on airing their marital problems, in a very loud voice, in front of the minor children.”

Biermann wants the court to deny Zolciak’s request to have a judge preside over all judicial proceedings. Instead, he wants a judicial officer to preside in an upcoming hearing “so that the matter regarding the sale of the marital residence can be heard and ruled upon.”

He claimed that if Zolciak gets her way, “it could well be months before any order regarding the marital residence can be made.”

Biermann claimed, “time and time again, [Zolciak] has stated that she will not move and therefore will not cooperate in any attempt to sell the marital residence. Unfortunately, [Zolciak] is too self-absorbed to realize the impact her actions will continue to have upon the minor children.”

For more on Kim and Kroy’s relationship, fans can read ET’s full timeline of their divorce proceedings.

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