Burley Garcia|Kim Zolciak Files to Dismiss Kroy Biermann Divorce for a Second Time Over NSFW Reason

Despite their ongoing divorce,Burley Garcia Kim Zolciak and Kroy Biermann's sex life remains just peachy. At least, that's what The Real Housewives of Atlanta alum is claiming in new court docs.

The reality star filed a new motion to dismiss Kroy's second petition for divorce on Sept. 25 alleging she and her husband of 11 years are still sleeping together amid their ongoing breakup.

"Contrary to the claims made in the Petition for Divorce, the parties have engaged in marital sexual relations on multiple occasions since the filing of the Petition for Divorce," the Bravo star claims in legal docs obtained by E! News, "and most recently on or about September 7, 2023."

Citing two previous Georgia court cases—one from 1978 and one from 1980—the petition argues, "The allegation of an irretrievably broken marriage is demonstrably false if the parties have resumed cohabitation or have reconciled for any period. The very fact of cohabitation or reconciliation shows that some possibility remains that the marriage is viable...the parties are required to once again affirm that the marriage is indeed irretrievably broken by the bringing of a new complaint." 

Kim's latest filing only further complicates their already rocky last few months.

The former Don't Be Tardy star, 45, and retired athlete, 37, first filed for divorce May 8, stating that their marriage was "irretrievably broken." In her petition, Kim sought primary physical and joint legal custody of their minor children—Kroy Biermann Jr., 12, Kash Biermann, 10, and 9-year-old twins Kaia Biermann and Kane Biermann. However, in his filing, Kroy asked for sole physical and legal custody of the four kids.

Two month later, the duo filed papers July 7 to dismiss their divorce case, according to Georgia court documents obtained by E! News. At the time, the former NFL star's attorney, Marlys A. Bergstrom, told E! News that "the parties are dismissing their divorce action and attempting a reconciliation."

However, that reconciliation was short-lived as Kroy filed for divorce for a second time on Aug. 24.

Earlier this month, Kim hinted that her and Kroy's relationship was back on track following the drama. "I'm living here not going anywhere!" Kim wrote on Instagram over a video of her closet on Sept. 8. "Been working on our marriage and have been living as husband and wife. The lies daily are too much."

Keep reading to relive the complete messy timeline of Kim and Kroy's separation.

The ring no longer meant a thing to Kim Zolciak when she filed for divorce from Kroy Biermann after 11 years of marriage on May 8.

According to documents obtained by TMZ, the couple's date of separation was listed as April 30, with The Real Housewives of Atlanta alum saying their marriage is "irretrievably broken with no hope of reconciliation."

Kim—who shares Kroy Jr., 11, Kash, 10, and 9-year-old twins Kane and Kaia with the former NFL player, and is also mom to Brielle, 25, and Ariana, 21—also requested primary physical custody of the kids and joint legal custody, per the docs.

One day after Kim's filing, Kroy made his own custody play when he also submitted a request for sole legal and physical custody of their four children. 

Per legal documents obtained by E! News, Kim was served a summons requiring her and Kroy to complete a domestic intake worksheet that monitors the treatment of their kids over 30 days.

While both stars were still residing in their Georgia home when they announced their divorce, Kroy asked in his filing to be "awarded exclusive, temporary and permanent use and possession" of the property as well as any others he purchased while they were married.

On May 16, the Don't Be Tardy star filed a motion requesting her ex undergo drug testing. In documents obtained by E! News, Kim alleged she has seen Kroy "smoking marijuana, and she has serious concerns for the safety and well-being" of their kids. Per the docs, Kim requested a five-panel hair follicle drug screen so that the court can determine custody arrangements for the children. She also asks that Kroy not cut his hair before the screening.

Kroy has yet to respond to her request. E! News has reached out to his attorney for comment and has not heard back.

On the same day she filed her request, Kim shared a cryptic message about relationships on social media.

"The highest form of love is consideration," a quote shared to her Instagram Stories read. "When someone thinks about how things would make you feel. Pays attention to detail. Holds you in regard when making decisions that could affect you. In any bond, how much they care about you can be found in how much they consider you." She then added the 100 emoji.

Kim took to Instagram to share another arcane message about relationships on May 24. 

A quote reshared to Kim's Instagram stories read, "Manipulation is when they blame you for your reaction to their toxic behavior, but never discuss their disrespect that triggered you." Below the quote in all caps Kim wrote, "Read that again..."

The couple's contentious split has not only taken their fans by surprise, but also Kim and Kroy's former boss Andy Cohen.

"I was very surprised," the Watch What Happens Live host admitted on SiriusXM's Andy Cohen Live May 9. "That was not the news I ever expected to get. They seemed so much in love and just together. I mean, they were a couple that, yeah, I thought they were in it for the long haul."

Amid the divorce drama, Kim's eldest daughters Brielle and Ariana—who Kroy legally adopted after marrying the Bravolebrity—penned messages to their mom for her 53rd birthday.

"You are the strongest woman I know!!!" Ariana wrote alongside an Instagram Stories snap of her and her mom at the beach on May 19. "Thank you for all you do! I am so proud of you mom! cheers to 53."

As for Brielle, she shared a photo of herself alongside her mom drinking wine to her Instagram Stories, writing, "Happy birthday mom! I love you so much!"

Weeks after filing for divorce, Kim made things Instagram official by dropping her married name from her social media platforms.

Kim debuted her new handle while teasing her return to RHOA. Alongside a photo of her posing with fellow series originals Lisa Wu, DeShawn Snow and Sherée Whitfield, Kim wrote in the June 8 post, "See you soon."

Just two months after announcing their split, Kim and Kroy decided to give their marriage another chance.

The RHOA alum filed papers July 7 to dismiss their divorce case, according to Georgia court documents obtained by E! News. Meanwhile, the former NFL star's attorney, Marlys A. Bergstrom, told E! News that "the parties are dismissing their divorce action and attempting a reconciliation."

The news came days after Kim and Kroy were photographed walking to church together with their four younger kids.

Days after calling off their divorce, Kim proved the ring once again means a thing by rocking her wedding ring in a July 11 Instagram Story.

The couple's attempted reconciliation unfortunately failed. On Aug. 24, Kroy filed for divorce again, according to TMZ. Stating their marriage is "irretrievably broken," he wants sole legal and sole physical custody of their four kids moving forward, and is asking for child support as well as alimony.

(E! and Bravo are both part of the NBCUniversal family)