According to Entertainment Tonight, Fulton County Superior Court Judge Shermela J. Williams noticed that Zolciak-Biermann, 45, was missing from the Wednesday, September 27, Zoom hearing and asked Zolciak-Biermann’s lawyer, David Beaudry, for an explanation.
Beaudry then stated that the Bravolebrity was on a flight back from Colombia, where she was filming for the MTV reality series The Surreal Life. “Her presence was not waived for today, so she is supposed to be here,” the attorney said, apologizing. “I did not waive her presence.”
The judge called the hearing “a waste” before setting the next hearing date for Friday, September 29. “All parties need to be present,” she said, noting that going forward all parties involved must appear in person in her courtroom.
The hearing came two days after Zolciak-Biermann filed paperwork requesting that Biermann’s second divorce petition be dismissed. (Biermann, 38, initially filed for divorce in May before reconciling with Zolciak-Biermann in July. He filed divorce paperwork for the second time in August.)
In her Monday, September 25, filing, Zolciak-Biermann claimed that she and Biermann have “engaged in marital sexual relations” since he filed for divorce again, “most recently on or about September 7, 2023.” She argued that her ex’s “allegation of an irretrievably broken marriage is demonstrably false” due to their “resumed cohabitation.”
Biermann responded with a filing of his own on Tuesday, September 26, stating that he “has no desire to reconcile” with his ex. “The fact that he engaged in sexual relations with Respondent does not indicate a desire to reconcile,” the court documents read.
In addition to addressing the duo’s post-split sex life, the filing also noted that the exes’ home in Alpharetta, Georgia, is set to be foreclosed in November. Zolciak-Biermann and Biermann are currently both residing at the home with their minor children: KJ, 12, Kash, 11, and twins Kaia and Kane, 9. (Biermann also adopted Zolciak-Biermann’s daughters from previous relationships — Brielle, 26, and Ariana, 21 — after they tied the knot in 2011.)
Biermann argued in the filing that the duo’s “current living situation is unsustainable and is detrimental to the mental and emotional health of the minor children” and that selling the residence would give them “enough income to secure their own individual residences, thus taking the children out of the toxic environment.”
Last month, the former NFL player filed a request for a court to order the sale of his and Zolciak-Biermann’s home. The documents stated that the residence was initially going to be auctioned in March after the pair faced foreclosure proceedings the previous month. However, they were able to “avoid foreclosure” and canceled the auction.
When Biermann filed for divorce the first time, a source exclusively told Us that “financial burdens” had put “a strain on their relationship.” When the pair’s reconciliation ended in August, another insider told Us: “In the end, it was all about fights and finances.”