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Kroy Biermann Shoots Down Kim Zolciak's Request, Divorce Full Steam Ahead

Home / Exclusive Details / Kroy Biermann Shoots Down Kim Zolciak's Request, Divorce Full Steam Ahead

By Afouda Bamidele on September 26, 2023 at 2:44 PM EDT
Updated on October 3, 2023 at 3:33 PM EDT

Kroy Biermann and Kim Zolciak aren't on the same page.

Shortly after the "Real Housewives of Atlanta" star shared that she wants to end the divorce, her estranged husband is shooting down her request.

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Kroy Biermann Still Wants A Divorce & Wants To Sell Family Home

In court documents obtained exclusively by The Blast, Biermann doesn't agree with Zolciak's request to have their divorce called off after a second attempt to go their separate ways.

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Kim Zolciak & Kroy Biermann's Dysfunctional Living Situation Exposed
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"Petitioner has no desire to reconcile. The fact that he engaged in sexual relations with Respondent does not indicate a desire to reconcile," the document reads. "Petitioner, after this second filing, remains steadfast in his desire to divorce Respondent, leave the marital residence, despite the fact that the home is currently in pre-foreclosure."

Biermann has described Zolciak's initial petition as a "legal game," adding that "the filing of motion is just another delay tactic in Respondent [Zolciak]'s playbook as indicated by her exclamation "I'm living here not going anywhere!"

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The former NFL player also wants to continue selling the family's residence. "The parties are in dire straits financially," an excerpt of the court document reads. "The only asset they currently own with equity is the marital residence. The mortgage is held in the petitioner's name. However, it is set to be foreclosed in November."

Biermann claimed that Zolciak has been away from their residence for about two weeks filming MTV's "The Surreal Life."

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Explaining why it was beneficial for their Alpharetta mansion to be sold, the Atlanta Falcons former player argued, "the current living situation is unsustainable and is detrimental to the mental and emotional health of the minor children. If the marital residence is sold it would afford both parties enough income to secure their own individual residences, thus taking the children out of the toxic environment."

In the reality star's earlier petition, she claimed that Biermann's claim of their marriage being "irrevocably broken" is false because they still consummate it— meaning they still have sex.

'RHOA' Star Kim Zolciak Files For Full Custody Of Her Children
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"The allegation of an irretrievably broken marriage is demonstrably false if the parties have resumed cohabitation or have reconciled for any period," her filing stated. "The very fact of cohabitation or reconciliation shows that some possibility remains that the marriage is viable…the parties are required to affirm once again that the marriage is indeed irretrievably broken by the bringing of a new complaint."

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," the documents continued.

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Kim Claimed They Are Now 'Living As Husband And Wife'

Weeks before the estranged's couple recent back-and-forth in court, the "Don't Be Tardy" star announced to the world that she and Biermann were doing great even after he filed for divorce a second time.

The 45-year-old took to Instagram to share a glimpse of her huge walk-in closet stocked with Christian Louboutin heels and several other designer shoes, noting that she was "living here, not going anywhere!" and that "the lies daily are too much."

Her representative even confirmed that reports of her moving out of their $3 million Georgia home were "not true." Zolciak and Biermann's romance dates back to 2010 when they met at a charity event. They soon fell in love and tied the knot a year later — a wedding that was covered in their reality show "Don't Be Tardy."

Biermann adopted his estranged wife's daughters, Brielle and Ariana, from her previous relationships in 2013, and gave them his name. However, things began to disintegrate in May 2023 when they first filed for divorce.

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Kim Zolciak and Kroy Biermann attend the Grand Celebration event at Seminole Hard Rock Hotel & Casino Tampa
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They eventually dismissed the divorce action in July 2023, but Biermann soon filed again on August 24,2023. Sources claimed Zolciak's bad gambling issues meant they couldn't reconcile. Also, they didn't couldn't not get over their financial crisis.

"They’ve gotten ridiculously petty over who hasn’t paid bills. They’re counting down to pennies," an insider claimed. Biermann is seeking primary custody of their four minor children and wants Zolciak to pay child support, per The Blast.

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