Reading stories from parties to litigation is like listening to a couple that just broke up discuss whose fault it was. You gotta read between the lines.
Of course, if one member in a couple has $40 million dollars and the other does not, and the rich one files a lawsuit against the other without even first talking to her, one might consider that the two are not equally culpable parties.
Didn't mean to imply anything about your particular situation. Just a meta-point. Litigants rarely think they're in the wrong--they view the situation through the lens of their personal narratives of what happened.