Kim Zolciak Gives Spicy Reason Contesting Kroy Biermann Divorce

Kim Zolciak-Biermann claims estranged husband Kroy Biermann's second divorce petition should be dismissed because they are "repeatedly" having sex. The Real Housewives of Atlanta alum claims in new court documents obtained Tuesday by TMZ that she and the former NFL player have been having multiple rendevous as recent as Sept. 7 amid their messy split, and that their intimacy and co-habitation mean the Biermann's divorce filing has no merit. 

Biermann, however, maintains that his sexual encounters with Zolciak-Biermann "does not indicate a desire to reconcile" and he "remains steadfast in his desire to divorce" her. He also accused the Bravo star of trying to drag out their divorce to keep him from selling their home, which is set to be foreclosed on in November, in order to pay off their considerable debt. 

Biermann first filed for divorce from Zolciak-Biermann in May, but amid a messy legal battle that included allegations of Zolciak-Biermann having a gambling problem and the police being called to the family's home, the Don't Be Tardy couple reconciled in July, dismissing their divorce petition. It was a short-lived reconciliation, however, with Biermann filing for divorce a second time in August, calling their marriage "irretrievably broken" and requesting full custody of his minor children with Zolciak-Biermann – sons Kroy "KJ" Jr., 12, and Kash, 11, and twins Kaia and Kane, 9. (Biermann also adopted Zolciak-Biermann's now-adult children – Brielle, 26, and Ariana, 21 – following their 2011 nuptials.) 

Weeks after Biermann's second divorce filing, Zolciak-Biermann implied that things were going well between her and her ex. "I'm living here [and] not going anywhere!" she wrote on her Instagram Story on Sept. 8. "Been working on our marriage and have been living as husband and wife." Then in court documents filed on Sept. 14, Biermann claimed he was "concerned" for the safety of his four young children, accusing Zolciak-Biermann of spending "little time at home" with their kids and claiming that she "frequently takes videos of herself" while driving with the little ones in the car. He also claimed that Zolciak-Biermann is attempting to return to The Real Housewives of Atlanta "to garner attention by discussing the divorce and exposing the children to behavior that would be great for TV ratings, but not for the mental health and wellbeing of the children."