Hervey wanted to end their marriage by divorce, but Chudleigh wanted to avoid any public acknowledgment of their marriage. She initiated a suit of jactitation against him, requiring him to cease claiming marriage to her unless proved. After Hervey proved incapable of proving the relationship and Chudleigh swore she was unmarried, the consistory court in February 1769 pronounced her a spinster, free to marry. Within a month, she married Kingston and became Elizabeth Pierrepont, Duchess of Kingston-upon-Hull. He built for her a grand townhouse called Chudleigh House (later called Kingston House) on Knightsbridge in the City of Westminster, London. He died four years later, leaving her all his property on condition she remain a widow. She travelled abroad. Visiting Rome, she was received with the honor due a duchess by Pope Clement XIV.