Divorce Laws & Your Writing

"Fiction must stick to facts, and the truer the facts the better the fiction." - Virginia Woolf

As the writer Ms. Woolf succinctly stated, fact-based fiction is good fiction. Otherwise, the reader must suspend disbelief, which negatively influences the reader's experience or, in some cases, chases away that reader altogether.

The other side of Ms. Woolf's coin is using the occasional flight of artistic license, the insertion of a purposeful anachronism or a slight alteration of a historical timeline for the overall sake of the work. The greatest writers have used these devices, from Shakespeare, to Poe to the master of historical authenticity, Patrick O'Brien. Simply put, fiction needs some help occasionally. But not too much, and hide it wherever possible.

But where do we draw the line on making a story as authentic as possible or letting it slide just a bit? That's up to you as a writer, but the ultimate judge will be the reader, unless you're writing commercially. Then, there will be an editor between you and your renumeration. Whoever the gatekeeper ultimately is, that person must be satisfied. To assist, we have the Internet, tailorable search-engines and vast archives stored on the web to an extent unimagined just 20-years ago!

How do divorce laws figure in Literotica writing? It depends on the context, of course, but in many stories, the divorce and legal machinations pursuant to that divorce, are a major plot driver and often serve as a major catalyst for character actions and reactions. It is a big deal to get it right.

Think about the many times we read, especially in Loving Wives, the tortured lament of the angry, aggrieved spouse, who we're sadly informed lives in a "no-fault divorce" state. There, regardless of facts or circumstances it is written, everything will be equally split with the evil spouse. Ergo, the spouse gets to cheat, lie, steal, swindle, cuckold, wear white before Easter, abuse her husband and embrace the designated-hitter, all without effect and without any justice this side of the pearly gates. Think of the vitriolic comments alone, this theme drives, not to mention the intense feelings within the angry reader.

One of the things about laws in general, but especially divorce, spousal support and community property laws, is they are a patchwork quilt spread across all fifty states. These varied and manifold different laws are also universally influenced by rulings in Federal Courts and by the United States Supreme Court. On the upside, this uncertain tapestry of laws and judicial rulings gives you a choice as a writer, especially if the divorce action is a major part of your work. You can easily search the web for a state with particularly nasty, strange or archaic law which can be a major force in your plot.

Another example of educating yourself on divorce law concerns military pensions as community property. They generally are, unless it's a military disability pension, which cannot be attached as community property. Thank Mansell v. Mansell, 490 US 581 (1989) for that, but I've read with great sadness on Literotica that some cruel, BTB-deserving spouse took half of her suffering spouse's VA disability pension just before consigning him to room with either the Tidy-Bowl Man, or Mr. Hankie; I forget which.

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How about those "no-fault divorce" states?

For instance, Texas offers a "no-fault" divorce option, but the law, as written, makes this option exactly that, an option, and it must be agreed to by both parties. In lieu of a mutually-agreeable "no-fault" dissolution, a spouse may still file for divorce based on several specific "faults", including adultery.

In an adultery filing, the circumstances surrounding provable adulterous behavior may carry great weight when the court considers the division of property. Much of the outcome will be determined by the judge as he or she weights the facts and evidence. Furthermore, unlike some authors presume -- me included -- proving adultery in Texas doesn't require video or other forensic evidence. Actionable evidence includes eye-witness statements, video and/or photographs, love letters, emails, voicemails, Internet chat history, social media, hotel and/or travel records, and gift receipts/bills. Even absent the aforementioned, good, strong circumstantial evidence may be considered by the court.

Even alimony rules in Texas are different than in some states. It's not an "automatic" thing as some Literotica authors presume. There are clear stipulations and requirements. Check your state's laws, and you might be surprised at some of conditions beyond what you might assume.

Furthermore, Texas does not recognize a "Legal Separation"; you are married until the marriage is legally dissolved. So, a revenge-fuck on your spouse, even after separation, is adultery on your part, and is actionable by your spouse in court. All debts, income and other things that apply in a marriage continue, even though the parties are no together. No "free pass for adultery" as some writers have suggested, or as far as Texas is concerned.

The legal concept 'Condonation' is part of Texas divorce laws, as it is in many states and other nations. It Texas, Condonation is a defense against a suit for divorce, but only if the court finds that there is a reasonable expectation of reconciliation. On its face, Condonation is a simple concept, but its implications and influence on court proceedings can become quite complex and are often subject to the court's interpretation.

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What is "Condonation"?

In a marriage, 'Condonation' is when the innocent spouse voluntarily pardons an offense committed by his/her partner on the conditional promise that the offense will not recur.

Public policy strongly supports Condonation used as a defense in Divorce actions that are based on fault grounds. Being that preservation of the institution of marriage is considered essential for the overall good and continuing stability of society, Condonation is encouraged. This reinforces and promotes the desire that marriages should only be dissolved after much deliberate consideration.

Condonation requirements are twofold: (1.) The resumption of normal marital relations (i.e. sexual intercourse) after knowledge of the offense or offenses and (2.) The promise that the offense will not be repeated. Cases often seek to discern whether or not a legally-valid Condonation has taken place.

In the example where a wife commits adultery, and after discovering this, her husband allows her to return to the home, but he does not resume normal marital relations with her, it is judged that a full Condonation did not take place. The issue of whether a 'marital relationship' has been completely resumed is almost always considered to be a Question of Fact in divorce cases.

When the court considers support or maintenance obligations, the question of whether or not Condonation has taken place is vital. This is critical, because in many states, remedies for nonsupport will be granted only when it's shown the husband has been committed a serious marital offense. However, if this husband can prove Condonation, he can use this as a defense against the wife's claim of non-support.

Also, Condonation carries consequences in the formulation of the actual grounds for divorce. If, for example, man has beaten his wife on several occasions, but she continued to cohabit with him, the wife may later be unable to use the grounds of cruel and inhuman treatment to sue for divorce. On the other hand, the ongoing and continuous nature of offenses, such as mental cruelty, may not be eliminated by demonstrating a state of Condonation.

Used skillfully in your writing, a couple's attempt at achieving Condonation can be a powerful plot device. Imagine the possibilities, where the cheating spouse tries to assure the resumption of 'normal marital relations' and the injured spouse resists!

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Your state divorce laws are likely different that those in Texas, but there will also be vast similarities. In those differences is where your challenge as a writer lies. The best source is the Internet; trial lawyers across America make searching for this information simple, fast and easy. A pro-tip is to search your state's Family Law Code, which is a goldmine of specifics. Texas' Family Code can be downloaded in PDF and searched using the Cntrl+F search function.

In summation, as little as five minutes researching the divorce laws in your state can enable your characters to be thinking, acting and talking their way through a divorce action in your applicable jurisdiction. Of course, if you choose to locate your work in the mythical "AnyStateUSA", the laws are what you make them, within reason, of course. Remember, Virginia Woolf said so!

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Disclaimer: This missive is not intended to act as legal advice nor be used for anything other than general informational purposes. To wit, it's just an encouragement to think deeper into the realistic aspects of writing. Now for the fun stuff in this disclaimer: The writer of this piece is not affiliated with any law firm or is he/she/it a practicing attorney, including those attorneys who practice golf almost exclusively. If the writer of this screed were an attorney, said author would instead publicly profess to being a two-fingered piano player in a hot-pillow whore house. Also, never trust a tuna sandwich found in a cross-town bus, except before on days not ending in the 25th letter of the alphabet. The Plantagenets were horribly evil, and Oswald was set up. Did I miss anything? If so, contact the law firm of Dewey, Cheatem & Howe, LLC, ask for Moe Howard. Offer void where prohibited by law. This article is certified 100% vegan, non-GMO and totally uranium-neutral.