"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.
----------
