Zolciak-Biermann, 45, claimed that she is “repeatedly” sleeping with her estranged husband, with the most recent rendezvous occurring on September 7, according to court documents obtained by TMZ on Tuesday, September 26.
While he cited that their marriage is “irretrievably broken,” Zolciak-Biermann disagreed in the Tuesday court docs, alleging that because they are still living together, the marriage is not beyond repair.
This isn’t the first time Zolciak-Biermann has downplayed her alleged marital woes. Earlier this month, she claimed via Instagram that they were “working” on their relationship. However, Biermann’s team has maintained that his intentions are to end the marriage.
“I spoke with Kroy regarding the ‘reconciliation’ Kim announced over the weekend,” Biermann’s attorney, Marlys A. Bergstrom, told Us Weekly exclusively on September 11. “There is no reconciliation, his resolve to see this divorce through to the end has not waivered.”
An Us source, however, noted that Biermann and Zolciak-Biermann’s relationship is “a constant yo-yo that never seems to end.”
When news of their first divorce broke, a source told Us that the strain in their relationship came from “financial issues.” That same month, TMZ reported that Biermann and Zolciak-Biermann owed more than $1.1 million in unpaid taxes.
Following the second divorce petition, Biermann’s lawyer, Bergstrom, speculated to Us Weekly exclusively that Zolciak-Biermann’s “grand plan is to file for bankruptcy” amid the divorce proceedings.
“A stay would be put on the foreclosure [of Kim and Kroy’s shared home in Alpharetta, Georgia] and again, the parties would be forced to live together, enveloped by all that toxicity for God knows how long,” the attorney explained to Us on September 15, revealing what would happen if Zolciak-Biermann did file for bankruptcy.
Bergstrom noted that Biermann’s legal team would “file an objection” if this were to happen as “it is very likely that Kroy and Kim will come out with almost nothing” if their Georgia home was forced into foreclosure.
Last month, Biermann filed a request for a court to order the sale of their home.
Following their 2011 wedding, Biermann adopted Zolciak-Biermann’s now-adult children — Brielle, 26, and Ariana, 21. The estranged couple also shares sons Kroy “KJ” Jr., 12, and Kash, 11, and twins Kaia and Kane, 9.
Biermann noted that he is “concerned” for the safety of their four minor children amid their split in separate court documents filed on Thursday, September 14, and obtained by Us Weekly. He claimed that Zolciak-Biermann spends “little time at home” with their kids and alleges that she “frequently takes videos of herself” while driving with the children in the car.
He argued that appointing an external guardian ad litem — Georgia family law attorney Diane Woods has been nominated — would be in the “best interest and welfare” of their kids.
The guardian would act as “an attorney for the children and as the eyes and ears of the court” Bergstrom explained to Us. “[The guardian] can do whatever investigation she feels necessary to help the court determine what custodial arrangement is in the best interest of the children.”