The 'Don't Be Tardy' star claims in new documents that she and ex Kroy Biermann "have engaged in marital sexual relations on multiple occasions since [his] filing of the petition for divorce"
According to documents obtained by PEOPLE, Zolciak filed a motion on Monday to dismiss Biermann’s divorce filing, citing their recent sexual encounters as proof that his original claims — that their marriage is “irretrievably broken” — are false.
In the documents, Zolciak said that she and Biermann “have engaged in marital sexual relations on multiple occasions since the filing of the petition for divorce,” and they “most recently” hooked up on Sept. 7.
Given their reconciliation, the filing claims that Biermann’s petition for divorce “should be dismissed.”
The “marital relations” between them “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,” the documents claim.
In order to move ahead with a divorce, both Biermann and Zolciak must “once again affirm that the marriage is indeed irretrievably broken” by filing yet another petition, according to the motion.
When Biermann filed for divorce in August, it was the second time the couple had announced their separation. In May, they announced they were divorcing but later reconciled in July and were “trying to make it work for the kids,” a source told PEOPLE at the time.
Since Biermann's second filing on Aug. 24, Zolciak has been adamantly hopeful about saving the marriage.
In a post to her Instagram Story earlier this month, she shared that she was still living with the former NFL pro at their shared Georgia home. “I’m living here not going anywhere!” she said. “Been working on our marriage and have been living together as husband and wife. The lies daily are too much.”
Days later, she shared a quote about “enjoying my privacy” on her Instagram Story. “Don’t care to be seen, heard, or to prove any points…just living and elevating in silence and peace,” the quote said. Zolciak added two red hearts and a prayer emoji to the post.
Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from juicy celebrity news to compelling human interest stories.
The former Don't Be Tardy stars appear to have suffered from financial strain. In February their Georgia mansion went into foreclosure, though the couple stopped the property from going up for public auction.
Because of this, Biermann approached the court solo last month and asked for the sole ability to sell the home. Court documents obtained by PEOPLE stated that the sale could help erase “significant debt” for the couple.
For more People news, make sure to sign up for our newsletter!
Read the original article on People.