Not necessarily. If you can both agree to a division of assets in a divorce, the judge will usually allow that. If you are represented, then you really need to speak to your hired counsel about this. It is always best to hire an experienced family law attorney to protect your interests in a divorce.
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Calm people can usually work things out. You don't want to act in the heat of anger. Think about what is most important in your life, and the amount of emotional exhaustion you will experience being contentious. Let cool heads prevail. In my experience, there is plenty of fault to go around, so be careful about bringing out all the ammunition stored up over the years. It can backfire.
If you have further questions, feel free to contact me through the contact information on my website. This is a general description of legal rules practices, and is not intended to be relied upon as legal counsel in this particular situation. There is no attorney-client relationship established by the answering of this question, and no expectation of representation in offering this general information.
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