The hearing comes just days after Zolciak filed a motion to dismiss Biermann's second divorce filing.
Kim Zolciak and Kroy Biermann had a hearing in their bitter divorce case, but the judge called it a "waste" after the Don't Be Tardy star failed to show up to the hearing, which was held via Zoom.
Fulton County Superior Court Judge Shermela J. Williams noticed all the parties were present for Wednesday's hearing, with the exception of Zolciak. When the judge asked the former Real Housewives of Atlanta star's lawyer, David Beaudry, to explain her whereabouts, he futilely said she couldn't make the hearing because she was on a flight back from Colombia, where she was filming for the MTV reality series, The Surreal Life.
Beaudry said Zolciak was expected to land in Atlanta at around 9 p.m. local time. After Beaudry apologized for Zolciak's absence, the judge became visibly irritated and sternly reminded Beaudry that she did not excuse Zolciak's absence. Beaudry continued to apologize, prompting the judge to underscore that "her presence was not waived for today, so she is supposed to be here. I did not waive her presence."
The tempestuous moment prompted the judge to pause for a bit. When she resumed -- still visibly annoyed -- the judge informed both parties she would reset the hearing and take away the benefit of appearing via Zoom. Going forward, she stated, all parties involved in the case would have to appear in person in her courtroom, prompting all parties on the Zoom call to become visibly disappointed.
Biermann's lawyer, Marlys Bergstrom, then pivoted to the emergency motion in which he asked the court for permission to sell the family's $3 million home in Alpharetta, Georgia. Bergstrom then revealed to the court that the family home, which Zolciak has refused to put on the market, is set to be foreclosed upon on Nov. 7. Biermann, wearing a white Nike polo shirt, then spoke for the first time when he confirmed his lawyer's statement by telling the judge, "Correct."
When the judge asked Zolciak's attorney if he was aware of this he said, "No, judge, I did not know that."
It's at this point when the former Atlanta Falcons linebacker refused to answer the judge's next question (What is the home's approximate equity?) on the grounds that the media was covering the hearing.
"Your honor, due to the media being here, do I have to answer that?" Biermann asked the judge, to which she responded, saying, "Yep."
But the judge ultimately gave him an out, when she instead asked if the equity on the family home exceeds more than $1 million, and Biermann answered, "Correct."
As ET has previously reported, Biermann said in court documents that he and Zolciak are "financially destitute" and thus selling the home would help alleviate their mounting financial problems. The financial burden he previously laid out in court documents is exactly why he wants the court to grant him permission to sell the estranged couple's $3 million mansion. He claimed that "the only asset the parties have is the marital residence and they are facing foreclosure on the home for a second time."
After calling Wednesday's hearing a "waste," the judge set the next hearing for Sept. 29 in her courtroom, and the judge doubled down, saying, "All parties need to be present." At that hearing, the judge will cover Zolciak's motion to have the court dismiss Biermann's second divorce filing and Biermann's petition asking for permission to sell the family home.
The judge said she'll make a decision on Biermann's petition before Nov. 7, when the home is set to go into foreclosure.
As ET previously reported, Zolciak filed a motion to dismiss Biermann's second divorce petition on the grounds that they're still engaging in "marital sexual relations." Biermann responded to her motion and confirmed as much before adding that he wants to continue with the dissolution of marriage.
Zolciak and Biermann share four children -- Kroy Jr., 12, Kash, 11, and twins Kaia and Kane, 9. Biermann also adopted Zolciak's two daughters -- Brielle, 26, and Ariana, 21.
Additional reporting by Shawn Matthews.
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