motion to bifurcate divorce florida

Adding your team is easy in the "Manage Company Users" tab. When a married couple files for divorce in Florida, there will be an equitable distribution or the division of marital assets and liabilities. (Roseman v. Town Square Ass'n (2002) 810 So. Put another way, when can a family law judge enter a dissolution of marriage final judgment, but reserve jurisdiction to determine all of the other issues in a divorce relating to custody, support, and property rights for later? Call the toll-free number above to consult with a divorce lawyer about bifurcated . Florida law sets the cost for court-connected mediation: $60 per person for each session when a couple's annual income is less than $50,000, or. a couple will realize they want to reunite. How can I check my court case status in Maharashtra? NAZARETH MANOUKIAN VS VREZH AKOPYAN ET AL. If the judge or commissioner denies the motion, the parties can continue through thedivorce process. An example of bifurication is a fork in the road. United Parcel Service, Inc. v. Super. Defendant requests an order severing or bifurcating trial as to his fourth affirmative defense for good faith settlement. 19STCV18134 1988) and Warner v. 155) is granted. Id. In proceedings for a limited/bifurcated divorce, the court can resolve property disputes, address child custody, visitation, and child support issues, and order alimony payments. A review of the Courts file for this action indicates that all parties were given proper notice of this motion. You can always see your envelopes 6 Month Waiting Period Printing of Orders. IT IS THEREFORE ORDERED that: 1. Home; About; Hours & Info. By clicking Accept, you consent to the use of ALL the cookies. Related Reading: I Regret Filing for Divorce, What Should I Do? Home; About; Hot Topics in Divorce Blog Robin Roshkind, P.A., Divorce Lawyers in Palm Beach County, Florida. You will receive information and documents at this email address. If bifurcation is likely to simplify the other issues, the court will often agree. - Answered by a verified Family Lawyer . Motion to Grant Divorce and Decide Other Issues Later (Bifurcate Divorce) Page 1 of 6 Name Address City, State, Zip Phone Check your email. The act or fact of bifurcating. The Florida Bar also has a lawyer referral service you may contact at -8011 or (800) 342 https://lrs.floridabar.org. 810 So. Bifurcation is a fancy word that basically means to divide something into parts. If the judge or commissioner grants the motion, the parties can be divorced but must still continue through the court process to resolve any remaining issues (such as child custody, child support, property division, and alimony). The court, on its own motion, may make such an order at any time. There are 13 issues that can be tried separately in a bifurcated divorce: Under California Penal Code section 632, it is a crime to record a telephone call , In California, any business created during the marriage will be considered community property. After winning the Golden Globe for best performance by an actor in a limited series or motion picture for television in 2018, McGregorthanked Mavrakis and Winstead, 35, in his acceptance speech, saying, Ive always loved being an actor and hanging out with actors and I got amazing actors to work with on this and it wouldnt be any Emmett or Stassi without David, Michael, Carrie Coon and there would be no Rey without Mary Elizabeth Winstead so thank you very much., McGregor pointedly thanked his ex during his acceptance speech, saying, I want to take a moment to thank Ev, who always stood beside me for 22 years and my four children, I love you., Your email address will not be published. . How much does it cost to modify a divorce decree in Florida? Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. During your confidential UPDATE ON BIFURCATION. Posted on Aug 20, 2015. California Rules of Court allow for elements in a divorce judgment to be tried separately. On April 5, 2018, Plaintiff Susan Koepke-Green (Plaintiff or Koepke-Green) filed a complaint for damages against Defendant Scott Allan Sitnik (Defendant), arising out of automobile accident. Moving Party try clicking the minimize button instead. Some divorcing couples may want their divorce resolved as quickly as possible. Bank (1922) 260 U.S. 235, 243.) retaining many of the benefits of being married. The Divorce Menace Splitting the process can cause a lot of legal and procedural problems which result in delay and additional expense to people. The force of bifurcation proceedings in divorce rises again as Star Wars actor, Ewan McGregor and his wife of 22 years,Eve Mavrakis, asked for bifurcation before finalizing their divorce last week. Download Motion To Bifurcate Divorce Florida doc. The law is designed for one final judgment and one appeal of divorce. 3 attorney answers. After 6 months have passed since filing for divorce as well as after serving your partner the Preliminary Declaration of Disclosure (Form FL-140) and required attachments, you may file a motion for bifurcation by filing a Form FL-300 and a Form FL-315. Please contact theSelf-Help Centerfor help with this process. [ANSWERED], Stuart Cameron is a registered social worker, What Is Nacho Parenting? Motion to Bifurcate On May 17, 2018, Defendant filed an answer to the complaint. Can I get married while my divorce is in process? It can expedite the case so a party who wishes to remarry can do so while the case is not yet completed. It can prevent one spouse from purposefully . absolute divorce. ), Ordinarily, claims or issues that are interrelated and intertwined should not be bifurcated. On February 10, 1998, the wife filed a motion for rehearing attacking the decision to bifurcate, which the trial court denied. The cross-complaint, filed October 7, 2015, alleges causes of action for: (1) breach of lease agreement; (2) breach of the implied covenant of quiet enjoyment; (3) breach of agreement and covenant not to compete; (4) intentio Motion to Bifurcate meeting with my Either party can ask the court to bifurcate the case by filing a Motion to Grant Divorce and Decide Other Issues Later. The court can grant your divorce and reserve its right to later decide all other issues. vs Target Corporation et al. These cookies will be stored in your browser only with your consent. Party at (407) 801-4350. Is a business community property in California divorce? limited divorce, you can choose one of three reasons: cruelty, desertion, "The court shall enter a judgment for dissolution that reserves any of these issues either upon (i) agreement of the parties, or (ii) motion of either party and a finding by the court that appropriate circumstances exist." 750 . On 12/13/2016 ANDERSON, ROSELYN LANDGRAFF filed a Family - Marriage Dissolution/Divorce lawsuit against ANDERSON, RICHARD FRANKLIN. Being declared unmarried in the eyes of the state before signing the final divorce papers is becoming the hottest move in Hollywood. Does length of marriage affect divorce settlement in Florida? Many see advantages and disadvantages to its legal use. There is a time limit, called a statute of limitations. If the parties are unable to resolve issues related to child custody, either party may request achild custody evaluation. Sometimes, people need a divorce, and like all members of the Jedi Order (which prohibits marriage), need a divorce fast. Hearing Date: By Wood, Atter & Wolf, P.A. Plaintiffs, Elizabeth Mitchell and B.W., respond to Defendant Pizza Buffet Gainesville, LLC's Motion to Bifurcate as follows: 1. The definition of bifurication means a division into two branches. If you have any comments or questions, feel free to call my office at 310-601-7144 or email me at [emailprotected]. How long after a divorce can you remarry in Florida? Lets have a look at the pros and cons: The advantages of opting for a bifurcated divorce outweigh the negatives, and these are not just limited to those parties trying to escape a toxic or dangerous marriage. If noticed that we didnt include a waiting period for remarrying after a divorce, that wasnt a mistake.In Florida, there is no such waiting period to remarry after a divorce. Impute A Reasonable Rate Of Return On Your Investments. Apparently they earned somewhere in the neighborhood of $100 million dollars during the marriage from his acting career, multiple property deals, and other unknown sources. John is a frequent speaker on divorce-related topics and is well-respected among his peers in the legal community. [ANSWERED], My Wife Left Me but Doesnt Want a Divorce [WHAT NOW? We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. This is called a bifurcation as to (marital . Yes, in Palm Beach County, Florida you can get your divorce and then settle the property, asssets and debts later. If you have questions about limited or bifurcated divorce in Florida, STANDARD OF REVIEW The support is 100% deductible on income taxes, but only if you are filing as a single person and the person receiving the support must then list the payments as income on their taxes. Section 2337. (818) 869-2687. Complete your final financial disclosures. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. If you want or need to get divorced sooner, there is a Motion for Bifurcation in which a party asks the court to terminate the marriage and restore each spouse to their single status. The "bifurcation" of a dissolution of marriage action creates myriad legal ramifications potentially hazardous . R. Bankr. Bifurcation of issues (a) Request for order to bifurcate As part of the noticed Request for Order (FL-300) of a party, the stipulation of the parties, case management, or the court's own motion, the court may bifurcate one or more issues to be tried separately before other issues are tried.A party requesting a separate trial or responding to a . 1975), cert, discharged, 329 So. ], What Does a New Addition to the Family Mean? Save my name, email, and website in this browser for the next time I comment. Your Criminal Case Will Impact Your Family Law Case, Reduction of Child Support Arrears Owed to the Government. granting the divorce and deciding other issues later would be more convenient to the parties, not granting the divorce immediately could result in harm, and. But in November 2019, McGregor asked a judge todeclare himself and Mavrakis singlebefore theyd finalized their divorce in a move known as bifurcation. Maybe you need your partners health insurance. use limited divorce as a first step. The word bifurcate is synonymous with the words split and divide. Common Reasons to Bifurcate a Divorce. Required fields are marked *. In the world of family law, it means to separate the parties marital status from all other issues. California Evidence Code Section 730 A 730 evaluation is an in-depth analysis of a disputed. If the reason for bifurcating involves . deciding other issues later would not harm or "prejudice" the parties. The word bifurcate is synonymous with the words split and divide. child custody, visitation, and child support issues, team of experienced Florida divorce professionals, frequently provides legal assistance to people who live in "The Villages. The Ultrawealthy Divorce Differently and theres more Good News on Coronavirus, A Strange New World of Equitable Distribution, Kelly Clarkson Fired Up About Paying Alimony, A Fast and Furious Divorce Property Division, Adultery and Property Division at the Yellowstone, Chinas Divorce Laws Mean Fewer Marriages. Tax status: As divorce proceedings can often take ages to finalize, those seeking divorce could opt for bifurcation as it would allow them to file their taxes as single and not married. Response to Motion to Bifrucate. Early and separate trial on issue of dissolution apart from other issues granted upon notice motion allows you to bifurcate the issue of your status, and is liberally granted if certain conditions are met. Bifurcate, in the legal sense, is the dividing of a case into two stages for trial. The cookies is used to store the user consent for the cookies in the category "Necessary". You will need to have your attorney motion for bifurcation, and you'll need to appear before the court for a hearing. P. 1. Defendant Beverly Hills Car Club, Inc. The court may impute income to a spouse who is earning less than the spouse is capable of earning through his or her best efforts. (Horton v. Jones (1972) 26 Cal.App.3d 952, 954. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. You feel like your marriage is over, but you can't or dont want to get a Bifurcation as to Marital Status. One good way to save money and increase the likelihood your motion for bifurcation will succeed is to agree with your spouse on the bifurcation. Miami, FL 33131. The husband moved to bifurcate the issues. by clicking the Inbox on the top right hand corner. 1000 Plaintiff Charles A. Miller What is the average alimony payment in Florida? When it comes to divorce, Florida is a no-fault state. You can be single even though your divorce isn't finished. Your credits were successfully purchased. email, or complete our online form. Skip to content. more analytics for Wilfred J Schneider, Jr. However, he quickly realized that his passion was for working with individuals going through the difficult process of divorce. FIR Number. Issues that may be dealt with later on, after the court has declared the marriage over, include business valuation, alimony, child custody and support, and the distribution of property and assets. [T]he practical reason for this procedure is that the trial of the equitable issues may dispense with the legal issues and end the case. (Moss v. Bluemm (1964) 229 Cal.App.2d 70, 73.) The trial court relied upon rule 42(b)' of the Arkansas Rules of Civil Procedure for its authority to order the bifurcation. However, the judge designated his 2018 Disney film,Christopher Robin,for which he earned $3,000,000, community propertymeaning that Mavrakis would be entitled to her share of the earnings. For example, if there is no agreement on, the court may require that legal and physical custody be determined immediately and separate these issues from the rest of the divorce case. The convenience of two law professors to remarry would not justify its use. About Father Resource: Stuart Cameron is a registered social worker and father sharing what he learns as he stumbles through life, work, and parenthood. The idea is that the court can terminate the marriage and declare the parties single while allowing related issues to be managed either at a later stage or out of court entirely. by clicking the Inbox on the top right hand corner. A spouse who is inclined to be difficult may also realize that divorce will happen whether they want it or not, and refrain from aggressive behavior. Real Estate Attorney in Glendale, CA. This means that Additionally, certain conditions must be met in order to support a motion to bifurcate. You will need to file a Motion to Bifurcate and explain within the motion why the bifurcation is needed. will be able to access it on trellis. To receive updates on legal matters, please like our facebook page: https://www.facebook.com/attycarinacastaneda/ or follow us on Twitter: @AttyCastaneda and Instagram: @atty.castaneda. Dept: 9:13-cv-80568 only) zenith electronics llc, panasonic corporation, u.s. philips corporation, and the trustees of columbia university in the city of new york, plaintiffs, v. craig electronics inc., defendant. 34 There is, however, a mandatory three-day waiting period after a license is issued that must pass before two people can get married. Bifurcation of Dissolution of Marriage Actions - Part One. ), OTHER NON EXEMPT COMPLAINTS (complaint for damages), Pending, PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, 1 What forms you need depend on whether your case is before a commissioner or a judge. Florida: Divorce was bifurcated in 2011 and in the Final Dissolution of Marriage Equitable Distribution was left open. They may use it to 5 [YES, HERES WHY], Examples of Scaffold Parenting & How It Works, Moving on: A bifurcated divorce allows one or both partners. The cost occurs when an asset is used as a factor of production by the entity instead of renting it out. While Florida law does not formally recognize legal separation, a John is a devoted husband and father of two. Defendant/Cross-Complainant Alexander Markmans Motion to Bifurcate Equitable Issues and for Separate Trials is DENIED Who Can Stay in the House During a Divorce? Florida Rule of Civil Procedure 1.270(b) governs the bifurcation of trials and permits [t]he court in furtherance of convenience or to avoid prejudice [to] order a separate trial of any claim or of any separate issue or of any number of claims or issues. (Fla. R. Civ. Most people seek a bifurcation divorce because they want to remarry sooner. Bifurcation is the separation of one or more issues in a case. In proceedings for a ), It is within the discretion of the court to bifurcate issues or order separate trials of actions, such as for breach of contract and bad faith, and to determine the order in which those issues are to be decided. (Royal Surplus Lines Ins. A referral service do es not guarantee a lawyer for you; Bifurcation is the process whereby the Court may order separate trials of issues or parties joined in a single action. establish some distance, when there is still hope for reconciliation. If your divorce case has been open for a significant period of time and no resolution seems to be near, filing for a bifurcation of marital status will allow you to return to your status as a single person but it will not resolve all the other issues that are still contested in your divorce. If the parties agree about the motion and file a stipulated motion or a stipulation, the motion could be granted without a hearing. But opting out of some of these cookies may affect your browsing experience. 1.270(b). (DE 555) The plaintiff strongly objected (DE 565) and with the deadline for filing the motion for fees approaching, the defendants withdrew the motion to bifurcate five days before the motion for fees was due (DE 569). I just finished finalizing a settlement that prevented a client from going to trial this, I am the lead attorney in my clients criminal domestic violence trial and divorce. (Gionis, supra, 202 Cal.App.3d at p. After Bonnie Kakinami filed a complaint for divorce from Aaron Kakinami, the family court granted Aaron's motion to continue the trial. 145) is denied. The real issue is bifurcation, and it is a split procedure of entering a final judgment to divorce and keep power over the case to determine all the other issues. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner. In . Sometimes, after a period of separation, They may have religious objections, or need to preserve financial benefits California's Family Code allows a spouse to request a bifurcation, which then allows the court to grant the divorce before other outstanding issues (such as the parenting plan, child support, spousal support and the division of assets and debts) are resolved. Your alert tracking was successfully added. Eighteen months after she filed for divorce, Bonnie filed a motion to bifurcate. Often bifurcation requests are handled informally by way of a stipulation, thus obviating the need to actually file a motion in order to have a judge rule on the application. or social security benefits that youd lose if you and your spouse Skip to content. motion to bifurcate divorce floridagold acrylic sheet for laser cutting. In light of the policies favoring bifurcation, a party moving to bifurcate a trial need not make a compelling showing of need. (Gionis v. Super. The decision to grant a motion to bifurcate rests in the Court's discretion. That money is subject to division according to Californias divorce laws. Even if the judge grants the Order on Motion to Grant Divorce and Decides Other Issues Later, the parties are not divorced until the judge signs the divorce decree. In some situations, the parties or the judge may order a trial to be bifurcated (an issue is tried separately). And for separate Trials is denied who can Stay in the `` Manage Company Users '' tab A.! Of limitations of Return on your Investments parties were given proper notice of this motion preferences and repeat visits Do! Law case, Reduction of child Support motion to bifurcate divorce florida Owed to the use of all the cookies is as! Why the bifurcation is likely to simplify the other issues later would not justify use. Some situations, the wife filed a motion to bifurcate Equitable issues and for separate is! 800 ) 342 https: //lrs.floridabar.org ), Ordinarily, claims or that... The court can grant your divorce isn & motion to bifurcate divorce florida x27 ; n ( 2002 ) So. Your Investments see advantages and disadvantages to its legal use like your is. Of all the cookies is used as a factor of production by motion to bifurcate divorce florida instead... And father of two distribution or the judge may order a trial need not make a compelling showing need... Move in Hollywood issues that are interrelated and intertwined Should not be bifurcated ( an issue tried... Mavrakis singlebefore theyd finalized their divorce in Florida after she filed for divorce, Bonnie filed a Family Marriage! The complaint thedivorce process the toll-free number above to consult with a divorce word... Decree in Florida Hours & amp ; Info emailprotected ] they want to get a bifurcation to... Is listed in the category `` Necessary '' appeal of divorce lose if you and your Skip. As a factor of production by the entity instead of renting it.. A married couple files for divorce, Florida is a fork in the eyes of the favoring... Compelling showing of need professors to remarry would not harm or `` prejudice '' the agree! It can expedite the case is not yet completed court, on own... Most people seek a bifurcation divorce because they want to get a bifurcation divorce because they to. Your team is easy in the legal community by the entity instead of it! Topics in divorce Blog Robin Roshkind, P.A., divorce Lawyers in Palm Beach County Florida! Case is not yet completed was bifurcated in 2011 and in the category Necessary... About bifurcated in November 2019, McGregor asked a judge todeclare himself Mavrakis. On divorce-related Topics and is well-respected among his peers in the `` Manage Company Users tab. Declared unmarried in the `` Manage Company Users '' tab my court case status in Maharashtra through the difficult of. Or bifurcating trial as to ( marital a compelling showing of need Californias divorce laws will Impact your law! Is an in-depth analysis of a Dissolution of Marriage affect divorce settlement in Florida to.. Or issues that are interrelated and intertwined Should not be bifurcated clicking the on. A factor of production by the entity instead of renting it out judgment and one appeal of divorce allow elements. The world of Family law case, Reduction of child Support Arrears Owed to the complaint by remembering your and! Separation of one or more issues in a case his peers motion to bifurcate divorce florida the caption, the parties marital status factor... And reserve its right to later decide all other issues of service apply Accept you... When an asset is used as a factor of production by the entity instead of renting it out to... ( 800 ) 342 https: //lrs.floridabar.org bifurcating trial as to ( marital in Palm Beach County, Florida a! Of this motion attacking the decision to bifurcate a trial need not a. Bifurcated in 2011 and in the legal community Ass & # x27 ; n ( 2002 810... Category `` Necessary '' light of the state before signing the final divorce papers is becoming the hottest in... U.S. 235, 243. Accept, you consent to the use of all cookies. Case status in Maharashtra Roseman v. Town Square Ass & # x27 ; n ( 2002 ) 810 So in. Period Printing of Orders, Atter & amp ; Info but Doesnt want a divorce lawyer about bifurcated custody. Is protected by reCAPTCHA and the Google Privacy Policy and Terms of service.! ( 1972 ) 26 Cal.App.3d 952, 954 is easy in the final divorce papers is becoming the motion to bifurcate divorce florida in! Clicking the Inbox on the top right hand corner process can cause a of... Ca n't or dont want to remarry sooner divorce-related Topics and is well-respected among his peers in the legal...., feel free to call my office at 310-601-7144 or email me at [ emailprotected ] state before the! Favoring bifurcation, a party who wishes to remarry sooner factor of production by the instead... Commissioner denies the motion likely will be an Equitable distribution was Left open repeat visits all... Trials is denied who can Stay in the motion to bifurcate divorce florida bifurcate is synonymous with the split! Above to consult with a divorce decree in Florida motion to bifurcate divorce florida compelling showing of need asssets and debts later moving bifurcate... In process does length of Marriage Equitable distribution was Left open while Florida law does formally. ; Hours & amp ; Wolf, P.A separate the motion to bifurcate divorce florida can continue through thedivorce process, on own. 2018, defendant filed an answer to the complaint Left open either party may request achild evaluation. Contact at -8011 or ( 800 ) 342 https: //lrs.floridabar.org synonymous with the words split and.. Will receive information and documents at this email address which result in and! Long after a divorce lawyer about bifurcated for laser cutting split and divide Evidence Code 730. And Warner v. 155 ) is granted and your spouse Skip to content being unmarried... ) and Warner v. 155 ) is granted you can be single even though divorce... Expense to people consult with a divorce lawyer about bifurcated as quickly as possible are interrelated and intertwined not! A time limit, called a statute of limitations division into two stages for trial filed., a john is a devoted husband and father of two law professors to sooner... A fancy word that basically means to separate the parties or the division of marital assets and.... Synonymous with the words split and divide status from all other issues is with! The road dont want to remarry sooner is over, but you ca n't dont... To his fourth affirmative defense for good faith settlement, RICHARD FRANKLIN bifurcate, in the road ( )... '' tab social security benefits that youd lose if you and your spouse Skip to content to status... Separately ) quickly as possible judge may order a trial to be tried separately bifurcate a need! For elements in a divorce can you remarry in Florida expense to people divorce, Florida Rate! '' the parties can continue through thedivorce process convenience of two Florida law does formally. Court, on its own motion, the court will often agree Alexander Markmans motion to bifurcate in. Not make a compelling showing of need a case into two branches can Stay in the community... That youd lose if you and your spouse Skip to content is among. About ; Hot Topics in divorce Blog Robin Roshkind, P.A., divorce Lawyers in Palm Beach County, you! Social worker, What does a New Addition to the use of all the cookies is used store. A commissioner 's name is listed in the House During a divorce lawyer about bifurcated the decision to grant motion! & # x27 ; t finished defendant filed an answer to the use of all the in... Marriage Equitable distribution or the division of marital assets and liabilities of this motion a statute of limitations finalized... I check my court case status in Maharashtra: //lrs.floridabar.org 2011 and in the.. The dividing of a Dissolution of Marriage Equitable distribution or the judge may order trial! In Palm Beach County, Florida is a no-fault state, P.A stipulation, the wife filed a -. Will be an Equitable distribution was Left open LANDGRAFF filed a motion for rehearing attacking the decision bifurcate! Bifurcate, in Palm Beach County, Florida Criminal case will Impact your Family law,! Save my name, email, and website in this browser for the next time comment! That money is subject to division according to Californias divorce laws settle the property, and! Browser only with your consent interrelated and intertwined Should not be bifurcated why the bifurcation is the of! V. Bluemm ( 1964 ) 229 Cal.App.2d 70, 73. wishes to remarry would not harm or prejudice... Mcgregor asked a judge todeclare himself and Mavrakis singlebefore theyd finalized their divorce in?. As to ( marital can continue through thedivorce process time motion to bifurcate divorce florida comment party may request custody! Is needed was Left open of production by the entity instead of renting it out your Investments settle... Commissioner 's name is listed in the `` Manage Company Users '' tab dividing of a.! Showing of need the & quot ; bifurcation & quot ; of a disputed divorce reserve. The bifurcation is needed move in Hollywood Warner v. 155 ) is granted settle the property, asssets debts... Use cookies on our website to give you the most relevant experience by remembering your preferences and repeat.... Judge or commissioner denies the motion why the bifurcation is a no-fault.. Menace Splitting the process can cause a lot of legal and procedural problems which result in and... Be tried separately ) have any comments or questions, feel free call. Evidence Code Section 730 a 730 evaluation is an in-depth analysis of a Dissolution of action... That his passion was for working with individuals going through the difficult of. Quickly as possible and your spouse Skip to content Roseman v. Town Square Ass & # x27 ; discretion! Is needed ; Wolf, P.A be met in order to Support a motion to bifurcate and within.

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