Kim Zolciak is looking to dismiss Kroy Biermann‘s second divorce filing.

The 45-year-old Real Housewives of Atlanta star has filed paperwork with the court, revealing that she and Kroy are still intimately involved and that should nullify his second motion to end their marriage.

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“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, and most recently on or about September 7, 2023,” the papers read, according to ET.

Kim‘s motion also cites to previous court cases to back up her argument.

“The fact that marital relations between the parties occurred up until and then continued after the filing of the Petition, and after Respondent was personally served with the Petition, demonstrates that the marriage is, or was at some point viable after the filing of the Petition proving that the allegations of the marriage being irretrievably broken are demonstrably false,” the documents continue.

However, it seems that Kroy is adamant in moving forward with the split, claiming that all attempts to correspond with Kim have been in a constant delay.

His official response to Kim’s dismissal read that “based upon Respondent’s attempts to delay this proceeding, one must ask, ‘Why?’ Respondent has made it clear that she does not intend to leave the residence, despite the fact the home is currently in pre-foreclosure. She has stated that she prefers to file for bankruptcy; a move that will ensure that the parties and their children will remain under the same roof for a significant period of time. Without the receipt of equity from the sale of the marital residence, the parties cannot afford to move out of the residence and into new residences.”

Kroy does admit that he and Kim have continued their sexual relationship, but he “has no desire to reconcile.”

“The fact that he engaged in sexual relations with Respondent does not indicate a desire to reconcile,” the papers state. “Petitioner, after this second filing, remains steadfast in his desire to divorce Respondent, leave the marital residence, with the children, and provide a home for them that is calm and stable, the opposite of their current environment… Kroy pleads to the court to dismiss Kim’s motion to dismiss the divorce.”

Kroy filed the second petition for divorce just last month, to which Kim claimed that they were still working on the relationship.

Earlier in the summer, Kroy filed the first motion, which was then called off. Amid everything, there was talk of possibly selling their $3 million dollar home.