The two were set to face each other at a divorce hearing on Wednesday, however, the when the former “Real Housewives of Atlanta” star failed to show up, the judge was not happy.
According to “Entertainment Tonight,” when Fulton County Superior Court Judge Shermela J. Williams noticed everyone was present except for Zolciak, she asked her lawyer, David Beaudry, to explain her absence.
Beaudry said Zolciak couldn’t make it to the hearing, which was held on Zoom, because she was on a flight back from Australia after filming MTV’s “The Surreal Life.”
Beaudry attempted to apologize for Zolciak’s absense, but the judge appeared “irritated.”
Williams reminded Beaudry that Zolciak’s “presence was not waived for today, so she is supposed to be here.”
“I did not waive her presence,” she continued.
After a brief pause, the judge went on to reschedule the hearing for September 29th while calling the latest hearing a ‘waste.’
Earlier this week, the 45-year-old reality TV star requested to have their divorce dismissed. She explained that she disagrees that their marriage is “irretrievably broken” because they’re still having sex with each other.
Biermann fired back with the claims stating that sexual relations do not ‘nullify’ his petition.
The former NFL player did admit that he and his estranged wife are having sex, but in the court documents obtained by Page Six, he has no ‘desire to reconcile.”
The court documents went on to say, “The fact that he engaged in sexual relations with [Zolciak] does not indicate a desire to reconcile. [He] remains steadfast in his desire to divorce.”
Biermann has been requesting to sell the family’s home valued at $3 million in Georgia as well. The home is facing foreclosure on November 7th.
“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,” the documents state.
Biermann wants to sell the house as soon as possible so he can purchase his own residence.