No amount of sex will save Kroy Biermann and Kim Zolciak’s marriage.
On Tuesday, the former Atlanta Falcons player filed a response to the “Real Housewives of Atlanta” alum’s request to have their divorce dismissed, claiming sexual relations do not “nullify” his petition.
Biermann acknowledged that he and his estranged wife have, in fact, been having sex, but he maintained in his new court documents, which Page Six obtained, that he has “no desire to reconcile.”
“The fact that he engaged in sexual relations with [Zolciak] does not indicate a desire to reconcile,” the documents state, adding that he “remains steadfast in his desire to divorce.”
The ex-linebacker, 38, also accused Zolciak, 45, of using her request for dismissal to “delay” their divorce because she has no desire to leave their $3 million Georgia estate.
“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,” the documents state.
Previously, Biermann said their marital home was facing a “looming” foreclosure; however, in this new filing, he states definitively that the mansion will be foreclosed upon in November.
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The “Don’t Be Tardy” alum still wants to sell the house as soon as possible so that he and Zolciak can take whatever equity is left and acquire individual residences so that he can take their four minor children “out of the toxic environment” in which they’re currently living.
Biermann wants the court to dismiss Zolciak’s request to toss the divorce and issue a ruling on selling the marital residence.
Zolciak claimed in her filing, submitted Thursday, that their marriage wasn’t “irretrievably broken” because they were being intimate.
She said in the court documents that she believed their marriage was “viable.”
Biermann filed for divorce for the second time on Aug. 24, weeks after the estranged couple briefly went through divorce proceedings before reconciling.
He’s fighting for sole custody of their four minors: Kroy Jr., 12, Kash, 11, and 9-year-old twins Kaia and Kane.
TMZ was the first to report on Biermann’s response.