In March 1898, Bly filed for a modification of a divorce decree in White Plains, New York. Kate Devino was named as a co-defendant in the divorce proceedings. However, Witthaus claimed there was a prior divorce ruling for abandonment, but that Bly had prevented the divorce absolute. Bly lost the case; the judge ruled she had filed for an amendment to increase her alimony which was $2,000 a year.
