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Ideally the person who determines how assets are divided in a divorce is you. You want to take control of your case and hopefully resolve everything at mediation. Mediation is where both parties get the chance to negotiate themselves. If that doesn’t work out, then a court will decide. This involves a judge, as well as attorneys in court arguing about the assets. It gets expensive quickly and you have a third party who really doesn’t care about your assets, looking at a spreadsheet and probably saying “half”.