Real Housewives of Atlanta star, Kim Zolciak has filed documents to dismiss her divorce from her husband and former NFL star, Kroy Biermann for a second time.
The reality star filed a new motion to dismiss Kroy’s second petition for divorce on Sept. 25 alleging she and her husband of 11 years 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,’ the Bravo star claims in legal docs obtained by E! News, ‘and most recently on or about September 7, 2023.’
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.’
Why Kim and Kroy first filed for divorce
The former Don’t Be Tardy star, 45, and retired athlete, 37, first filed for divorce May 8, stating that their marriage was ‘irretrievably broken.’
In her petition, Kim sought primary physical and joint legal custody of their minor children, Kroy Biermann Jr., 12, Kash Biermann, 10, and 9-year-old twins Kaia Biermann and Kane Biermann.
However, in his filing, Kroy asked for sole physical and legal custody of the four kids.
Two month later, the duo filed papers July 7 to dismiss their divorce case, according to Georgia court documents obtained by E! News.
At the time, the former NFL star’s attorney, Marlys A. Bergstrom, told E! News that ‘the parties are dismissing their divorce action and attempting a reconciliation.’
However, that reconciliation was short-lived as Kroy filed for divorce for a second time on Aug. 24.
Earlier this month, Kim hinted that her and Kroy’s relationship was back on track.
‘I’m living here not going anywhere!’ Kim wrote on Instagram over a video of her closet on Sept. 8.
‘Been working on our marriage and have been living as husband and wife. The lies daily are too much.’