Just when we thought that Kim Zolciak and Kroy Biermann were officially over, Kim dropped more shocking tidbits on us. Apparently, despite Kroy filing a second petition to divorce, the couple has been engaging in “marital relations” — in other words, they are still having sex.
Because of this, the Real Housewives of Atlanta star believes that Kroy's petition should be nullified, claiming that if they’re still having physical relations, there is proof that their marriage can’t be as “irretrievably broken” as Kroy claims. The former football player filed for divorce again on August 24 after the estranged couple attempted to reconcile.
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Apparently, the couple has been having 'relations' for a while.
In the court documents obtained by People, Kim claims that she and Kroy “have engaged in marital sexual relations on multiple occasions since the filing of the petition for divorce,” and that their most recent hookup was on September 7.
She thinks that this means they could possibly reconcile.
As a result, Kim believes that the “marital relations” between her and Kroy “demonstrates that the marriage is, or was at some point viable after the filing,” therefore “proving that the allegations of the marriage being irretrievably broken are demonstrably false,” according to the documents.
In her mind, their physical relationship nullifies the divorce petition.
Because of their physical reconciliation, she claims that Kroy’s petition to divorce “should be dismissed.”
According to the motion, both parties must “once again affirm that the marriage is indeed irretrievably broken,” by filing another petition to be able to move ahead with the divorce.
Kroy has responded to her claim.
Kroy filed a response to Kim’s request, claiming that sexual relations do not “nullify” his petition. He did acknowledge that the estranged couple was having sex, but in the new court documents he maintained that he has “no desire to reconcile.”
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The relationship between them hasn't made him change his mind.
“The fact that he engaged in sexual relations with [Kim] does not indicate a desire to reconcile,” the documents, obtained by Page Six, state. In the documents, Kroy states that he “remains steadfast in his desire to divorce.”
He also accused Kim of using her request to “delay” having to move out of their $3 million Georgia home.
