Kroy Biermann still wants to divorce Kim Zolciak, even though they have been engaging in "marital sexual relations".
Kroy Biermann and Kim Zolciak in happier times
The 'Real Housewives of Atlanta' star has submitted a new motion to dismiss her estranged husband's second petition to end their 11-year marriage, arguing that they are still sleeping together, despite their break-up, but the NFL star has now filed a response and insisted their intimacy doesn't "nullify" his petition and he has "no desire to reconcile".
Documents obtained by the New York Post newspaper's PageSix column stated: “The fact that he engaged in sexual relations with [Zolciak] does not indicate a desire to reconcile. [He] remains steadfast in his desire to divorce.”
The 38-year-old sportsman argued Kim, 45, had attempted to dismiss the divorce in order to "delay" the process because she doesn't want to leave their $3 million estate in Georgia.
The paperwork continued: “She has stated that she prefers to file for bankruptcy; a move that will ensure that the parties and their children will remain under the same roof for a significant period of time."
Kroy stated the property will be foreclosed upon in November and he wants to sell the house as soon as possible so he and Kim can take the equity that is left to buy their own homes so he can take their four children, Kroy Jr., 12, Kash,10, and nine-year-old twins Kaia and Kane, "out of the toxic environment" in which they are currently living.
He asked the court to dismiss the request from Kim to throw out the divorce, and also issue a ruling on selling their estate.
Kim had argued the marriage isn't "irretrievably broken" because she and Kroy are still being intimate.
Citing two previous Georgia court cases from 1978 and 1980, the petition obtained by E! News stated: "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 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."
The couple first split in May, stating their marriage was "irretrievably broken" but two months later, they called off their divorce.
However, in August, Kroy - who legally adopted Kim's older daughters Brielle, 26, and Ariana, 21, in 2013 - filed for divorce again and requested full legal and physical custody of their minor children, as well as alimony and child support.