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Category: Family Law

Category: Family Law

Have questions about Family Law in Houston, Texas?

by Coalition Tech
Divorce, Family Law
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Everyone knows that marriage can be expensive. In 2017, Market Watch reported the average cost of a wedding exceeded $30,000. The expenses continue to pile up well after the vows are exchanged and the cake is cut.

However, many couples overlook another cost that almost half of them will also have to consider down the line: the cost of divorce. When facing the end of a marriage, you will want to know how much a Texas divorce will cost. Precise numbers can be difficult to find because not all attorneys maintain transparency in billing practices as the Ramos Law Group does.

The Financial Cost of Divorce in Texas

While the price of dissolving a marriage varies widely, the average Texas divorce costs hover around the $20,000 mark. In the most basic and amicable dissolutions where no children or property are involved, divorce cost in Texas could be as low as a few hundred dollars. While typically not advised, divorcing couples are technically able to prepare their own divorce petitions or file boilerplate forms to curtail the majority of attorney fees. Even so, the easiest separations still require filing fees and court costs, so it’s nearly impossible to leave a marriage completely free of any financial toll.

In the more common scenario, where parties hire family law attorneys to provide guidance and expertise to help navigate the process, the average range of divorce cost in Texas is between approximately $15,000 to $25,000 dollars. For childless couples or those without children under the age of 18, divorce costs tend to be toward the lower end of that
spectrum, while divorces involving children are often on the higher side.

Cost-Affecting Circumstances

Texas divorce costs deviate greatly, even from the average, depending on the circumstances. A relatively simple, attorney-assisted divorce might be resolved for $3500, while it is not unusual to see divorce costs reach the six-figure mark when matters are hotly contested, or the divorcing individuals have a high net worth.

It is common for divorcing spouses to underestimate the amount of time and work involved in unwinding the many ways their lives are intricately intertwined. In addition to attorneys being needed to manage the legalities of the process, accountants, and other financial experts are often called upon to assist in equitably dividing assets, including retirement accounts, real estate and other marital property. When children are involved, there may be a need to hire co-parenting counselors or child therapists. There are many ways to incur Texas divorce costs beyond the expected legal and court fees.

The Lesser-Considered Costs of Divorce

sad child portrait

When examining divorce cost in Texas, many people naturally tend to tally up the variety of financial charges associated with the separation. The costs of divorce beyond the direct expenses are often overlooked. So, what is the cost of divorce in Texas, really?

Divorce is usually a monumental and life-altering event for those involved -and that includes not just the divorcing spouses, but also their children, extended family, and friends. Divorce brings emotional and social costs that can be far-reaching, and it can take a toll on the mental and physical health of those affected.

The Effects of Divorce on Family Members

When spouses decide to go their separate ways, there are no family members who are unaffected. Children living in their parents’ home are faced with considerable stress during a parental breakup. This often involves being displaced from the family home they have known or adjusting to a new life without both parents within the home. Other challenging divorce costs sometimes include adjusting to economic hardships, balancing relationships between separated parents, and potential bouts of sadness and depression.

Similarly, in-laws and other extended family members may find coping with your divorce to be a struggle of their own. Grandparents may fear losing opportunities to bond with their grandchildren following the end of their child’s marriage – particularly those on the side of the noncustodial parent, or if the divorce results in the estrangement of one parent.

Other family members may also feel hesitant or disloyal when trying to maintain a healthy relationship with former in-laws. Friends of the divorcees also often find themselves caught in the fray of choosing sides and balancing allegiances following the end of a marriage. The cost of divorce frequently extends beyond one’s bank account. Divorce cost in Texas includes a surcharge on the well-being of every party affected.

Invest in the Best Possible Outcome

Few spouses enter into a marriage with plans for their union to fail. Unfortunately, there are times when divorce cannot be avoided. In those instances, it is always helpful to have a dedicated and experienced attorney available to help guide you through the arduous process and to ensure that your welfare and interests are protected. Texas divorce costs can be high -with so much at risk, one cannot afford to be lax about legal representation.

Ramos Law Group has spent years helping families overcome divorce. Our team can assist you with managing divorce cost in Texas and making sure that the transition from your marriage is as smooth as possible. Reach out to us for professional insight on how to not just cope with divorce, but how to successfully see yourself to the other side. Contact Ramos Law Group today to schedule your consultation.

by Coalition Tech
Divorce, Family Law
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Online Divorce Services Are Gaining Popularity

Have you been thinking about getting a divorce? If so, with minimal research, you’ve probably encountered numerous advertisements and articles about online divorce in Texas. This is not by chance. “Online divorce Texas” and “online divorce in Texas for free” are popular search terms because spouses considering divorce are often looking for a simple, inexpensive, or low-stress option to help deal with this high-stress situation. While the prospect of an inexpensive marriage dissolution might seem like a ray of sunshine in the midst of a storm, cutting corners on legal representation with a do-it-yourself divorce can actually cost you significantly more than hiring solid legal counsel in the first place.

Not the Time for DIY

Divorce is a process that manages to affect almost everyone you love and everything you have worked hard to obtain: your children, finances, home, and more. All of your family and possessions must go through the divorce process with you. As such, you will want to make sure that an online divorce in Texas or any approach to divorce you take is the best decisions for yourself, your family and your future. In most cases, that means hiring an experienced divorce attorney who you can trust to help protect your interests and well-being through this difficult time.

While the popularity of do-it-yourself projects has been on the rise in recent years, such undertakings are best suited for remodeling a room or building a piece of furniture. Attempting to go through a divorce, one of life’s most consequential and taxing events, as an online divorce in Texas is likely to result in confusion, frustration, and dissatisfaction – and that is if you are lucky. In less fortunate scenarios, you could end up dealing with errant court orders that do not address financial support, property division, child custody, and other major issues as intended.

Once court orders have been entered, making changes to them can be difficult. Modifications to orders typically require the filing of a new suit, which can carry a monetary cost equal to that of a divorce, if not more. And the additional time and effort required to litigate a new matter guarantee the cost will be more than financial, which is why it is so important to ensure quality legal representation during initial divorce proceedings.

Can Vs. Should

Although Texas spouses have the ability to file their own divorce paperwork and represent themselves in family court, doing so is often ill-advised. As the saying goes: Just because something can be done does not mean that it should. It’s unlikely that any path to an online divorce in Texas for free will yield the best results for you and your family.

If you are looking for true peace of mind and the best possible result to your divorce, consider hiring a reputable family attorney who can guide you through the divorce process, answer your questions and concerns, and get things done correctly the first time. The experienced team at Ramos Law would be happy to help you navigate the divorce process. Call today to schedule a consultation.

by Lindsey Lewis
Divorce, Family Law, Hiring a Divorce Lawyer

          Before you even speak to an attorney, it may be helpful to know what court has jurisdiction over your divorce.  Knowing how the Judge in your case is likely to rule and what their pet peeves are can be incredibly beneficial to the presentation of your case so it is important to speak to an attorney who practices often in the jurisdiction in which you will ultimately file your case.  Read this article before you start reaching out to attorneys to make sure you are scheduling a consultation with an attorney who is going to be knowledgeable in your jurisdiction.

                                                              

           The general rule for jurisdiction in a Texas divorce is that at least one spouse must have been a domiciliary of Texas for the preceding 6 month period and a resident of the county in which the suit is filed for the preceding 90 day period.  This means that if the filing spouse is not a resident of Texas, a suit for divorce can still be maintained in Texas if he other spouse has been a domiciliary of Texas for the preceding 6 month period.  Generally, a person has been domiciled in Texas if they have resided in the state with the intent to make Texas his or her “fixed abode”.   The court will consider many factors in determining a person’s “fixed abode” including where a person spends most of their time, where they receive mail, what address is used to file a tax return, where does a person register their vehicle, whether they have a Texas drivers license, and where a person is registered to vote.  A number of factors are considered in determining whether one intends to make a residence a fixed abode so if you are not sure if you or your spouse has been domiciled in Texas for the requisite period of time, it is best to talk to an attorney. 

 

           There are several exceptions to the general rule outlined in the paragraph above for members of the armed forces.  First, time that a spouse spends in the armed forced outside of Texas is still considered residence in the State of Texas and in the county in which they lived.  If you are not sure whether your spouse was previously domiciled in Texas, look at his or her Military Paystub (LES) and see what it lists as their home state.  This will be a strong indicator that they are a domiciliary of Texas.  Second, a spouse is stationed in Texas can meet the jurisdictional requirements despite the fact that they may not intend to make Texas their permanent residence as long as they have been stationed in Texas for the preceding 6 month period and in the filing county for the preceding 90 day period.  These exceptions provide some jurisdictional flexibility for members of the armed forces and their spouses.

by Julie Rosete
Family Law, Hiring a Divorce Lawyer, Visitation and Access

The truth is that there are various ways that an order can be crafted to protect the children and still allow them to have an ongoing relationship with their parent that is struggling with alcohol issues, depending on the severity of the issues.  The solution is normally a combination of protections during periods of possession, testing and/or treatment requirements, and injunctions that depend upon the specific facts of the case. 

The court can require or the parties can agree that the struggling parent submit to an alcohol assessment.  Other possible requirements include, but are not limited to, the following:

  1. rehabilitation, inpatient and/or outpatient;
  2. breathalyzer testing, before, during, and/or after periods of possession;
  3. ignition interlock and breathalyzer devices; and/or
  4. attending AA meetings

It is important to remember, however, that the options available will depend on the facts of each case, as the court will not require breathalyzer devices unless there is a proven concern. 

As far as periods of possession go, the highest level of protection would be supervised possession and access.  Period of possession can be supervised by whatever party the parents can agree to and/or a court-approved visitation program.  It is important to remember that the parties would have to agree to the supervision or the party requesting that the periods of possession be supervised would have to have enough evidence to convince the court that the safety and well-being of the child require that periods of possession be supervised.  If the problem is not so severe to require all possession and access be supervised, periods of possession could also be limited in time or frequency until the parent completes treatment.  Typically, such a possession order will step up to less restrictive periods or possession in phases and into a standard possession either over time or upon completion of different portions of treatment (Ex: Step One- Supervised possession for a few hours every other weekend, Step Two- Unsupervised possession for a few hours every other weekend, Step Three- one overnight every other weekend, Step Four – standard possession order).

Injunctions are additional protections that could be added to the order that require the struggling parent to abstain from alcohol during possession and for a certain period before and after periods of possession.  Additionally, if appropriate, the court could prohibit the struggling parent from transporting the child in a car. 

Finally, a provision can be included that in the event of a relapse by the struggling parent, that parent begins again at Step One of the possession schedule to avoid the necessity of having to return to court every time there is a relapse in the future.

For more information, or to discuss what possible options would apply in your specific case, please consult an attorney to discuss the issue.

by Lindsey Lewis
Child Custody, Family Law, Visitation and Access

Under the Texas Family Code, there are certain circumstances where grandparents can file a suit requesting the court to grant them possession of or access to their biological grandchildren. However, there are certain statutory requirements that the grandparent must prove before the Court can award possession and access to grandparents in Texas.

First, the grandparent(s) must prove that at least one of the child’s biological or adoptive parents has NOT had their parental rights terminated. If both parents have had their parental rights terminated, the grandparents will not be able to get possession of or access to the child without first proving that it will be in the child’s best interest that possession and access be awarded.

Second, the grandparent(s) must show by a preponderance of the evidence that the children’s physical health or emotional well-being would be significantly impaired if the grandparent(s) were not allowed to exercise possession of or access to the children. In Texas, parents are presumed to be able to act in the best interest of their children. As such, the grandparents must rebut that presumption by showing that there would be a significant impairment to the children’s physical health or emotional well-being. This is a fairly high burden – one that will not be met simply by showing evidence that the grandchildren love their grandparents and they would be sorely missed if they were not allowed to see their grandparents. A significant impairment has been found in situations where the grandparents have established a continuous relationship with the grandchildren and assumed certain parental responsibilities – i.e. taking the child to their doctor’s appointments.

Third, the grandparents must prove that they have been wholly denied possession of or access to the grandchildren by the parent. Just because the grandparents aren’t seeing the grandchildren as much as they would like does not mean that they have been wholly denied possession or access. Remember, the court presumes that parents can act in their children’s best interest. As such, parents are also presumed to be able to determine appropriate visitation for the grandparents without having the Court order a specific schedule.

Fourth, the grandparents must be able to prove that they are a parent of one of the children’s parents and that one of the following is true about that parent of the children:

  1. The children’s parent has been incarcerated for at least 3 months before the petition was filed;
  2. The children’s parent had been judicially declared incompetent;
  3. The children’s parent is dead; or
  4. The children’s parent does not have actual court-ordered possession of or access to the children.

There is no standard schedule that the court must order if a grandparent is awarded possession of or access to the grandchildren, but the court will typically order some weekend and holiday periods of possession for a grandparent who meets all of the above criteria.

It is important to keep in mind that the requirements listed above are only for grandparents seeking possession of or access to their grandchildren. The Texas Family Code details a different set of requirements when grandparents are seeking custody of their grandchildren.

by Peyton Barrier
Child Custody, Divorce, Divorce For Dads™, Family Law

Holiday Activities For Kids in TexasAs the song says ” It’s beginning to look a lot like Christmas”. Lights are glistening all over the city and you can feel the excitement in the air. There is so much to do with the kids. It doesn’t matter what you are doing, it can be something as simple as taking in the lights of the city while enjoying some hot chocolate. I encourage you to take advantage of the many activities throughout the city. You will be making memories for your children that will last a lifetime. Below are just a few of the opportunities going on throughout the city:

1. Zoo Lights

Zoo Lights is held beginning mid November continues on through the month of December. During Zoo lights, the Houston Zoo is transformed into a winter wonderland for all ages.

2. Santa’s Wonderland

Santa’s Wonderland, just an hour north of Houston in College Station, is a great time for the whole family. You can buy various tickets for to either drive through the Wonderland, walk or ride on a horse and carriage. After you are through with the lights, you can head in over to the village where you can eat, visit with Santa and warm up with some hot coco.

3. Festival of Lights

Festive of Lights is Galveston’s very own kickoff for the holidays with its annual full of fun, festival. The Festive of Lights is held at Moody Gardens in Galveston. Kids can take pictures with Santa, see the class holiday movies you grew up on a take a walk under the Christmas light displays. The Festival of Lights is held all the way until the New Year and January 7th.

4. Magical Winter Lights

The Magical Winter Lights is happening until January 2nd at Gulf Greyhound Park in La Marque where they light up various themed light displays. There is also a kid’s area, arts and crafts, holiday market and more.

5. Lights in the Heights

Lights in the Heights is held in the Heights neighborhood where the whole neighborhood gets in the spirit of the holidays and the event. During the event, people are able to walk throughout the neighborhood while enjoying the live music, food, hot chocolate and lights. Lights in the Heights is held the second Saturday in December (December 9th), however they are often left up throughout the whole season for people to enjoy.

6. Ice Skating at Discovery Green

Especially if the weather has not gotten into winter temperatures, Ice-skating at Discovery Green is the perfect way to cool down, while also getting in the spirit. Additionally, living in Houston, we do not get to experience real ice-skating on frozen ponds in the winter so this is certainly the next best thing. Discovery Green sets up their outdoor rink no matter the temperatures. There is not cost to get into the park but ice-skating will cost you rentals for the skates and entrance to the ice rink itself.

7. Breakfast with Santa

I certainly remember attending this event as a kid and would highly recommend it to anyone with little kids. The Downtown Aquarium restaurant will host its traditional Breakfast with Santa event. Santa may even make an appearance in the 500,000 gallon fish tank!

by Mary E. Ramos
Divorce, Family Law, Mediation

If you’re curious about the benefits of mediation when you’re in the midst of a family law dispute, consider contacting a lawyer who has expertise in mediation. Watch the video featuring our board certified attorney Mary E. Ramos, or read our transcription below, to learn a few of the benefits of mediation and contact our team of experienced mediation lawyers at Ramos Law Group to schedule a consultation.

Mary E. Ramos on Mediation:

Ninety percent of cases are actually resolved in mediation. You and I will meet in one room and most of the time, the other attorney and their client will meet in a separate room and the mediator will then go back and forth between both rooms to try and come up with an agreement. Most of the time, one spouse starts with this type of idea where they think they want to be and so does the other spouse. So through the mediation process, we compromise to the point where we can both live with something that we can agree to and sign off on it.

If it’s something that the two of you actually create, it is probably more likely better and more beneficial for your children to follow a mediated settlement agreement, as opposed to allowing the judge to make a decision on your case, being a complete stranger and just another case in the long line of cases that that judge has to rule on that day. You keep control of making decisions on your divorce by participating in successfully coming to an agreement during the mediation process.

Another good advantage to mediation is once we sign off on a mediation settlement agreement, there is no backing out of it. No buyer’s remorse. It’s a done deal. You wouldn’t be able to call me tomorrow and ask, “I kind of don’t agree with what we did in mediation last night. Can I change my mind?”

So that saves a lot of money in trying to prepare to go forward and prepare for a hearing or a type of trial only to get down to the court and maybe being reset, have to come back on another day at the judge’s convenience, spending more money and time and not getting a result and not having the control that you would have over your life and your children and your finances.”

Contact Our Team Today

At Ramos Law Group, PLLC, our divorce lawyers work hard to ensure a positive outcome despite the difficult and challenging circumstances of your situation. If you still have questions about the benefits of mediation, contact our experienced mediation lawyers to schedule an appointment today.

by Ramos Law Group, PLLC
Divorce, Family Law
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The following is a list of House Bills and Senate Bills that have caused changes, effective currently unless otherwise noted, in the area of Family Law:

House Bills

  1. HB 826.  This bill amends Section 105.006 (e-2) of the Texas Family Code to require additional mandatory language in orders that orders child support.  The orders are now to include a boldface statement in capital letters that outlines the circumstances under which the court may modify a child support order.
  2. HB910.  This bill amends the law to permit the carrying of handguns that are not concealed.  Numerous provisions in the Family Code were amended to remove the word concealed.  Effective January 1, 2016.
  3. HB 1500.  This bill amends Section 156.006(b-1) of the Texas Family Code.  When filing a motion for a temporary order based on the allegation that the child’s present circumstances would significantly impair the child’s physical health or development, the person requesting the temporary order must execute and attach an affidavit based on his/her personal knowledge or representations made by someone with personal knowledge that contain the facts and support the allegation.   The court shall deny the relief and decline to set the matter for a hearing unless it determines on the basis of the affidavit that the facts are adequate to support the allegation.
  4. HB 1781.  Section 102.0045 of the Texas Family Code is modified to allow the sibling of a child separated for a sibling as a result of an action by the Department of Family Protective Services to file an original suit for access to the child.
  5. HB 3121.  Sections 157.001 and 157.062 of the Texas Family Code are amended to grant the courts broader authority with respect to enforcing temporary orders, including temporary restraining orders, standing orders, injunctions, and any other temporary order rendered by the court.
  6. HB 4086.  Section 201.015(a) of the Texas Family Code is amended relating to the right to a de novo hearing before the referring court after a temporary order was rendered by an associate judge in certain family law proceedings.

Senate Bills

  1. SB 206.  Effective September 1, 2016, Section 161.001(b) is amended to include that a parent who has been convicted of places on community supervision in another jurisdiction under a law that contains elements substantially similar to the elements of any the sections of the Penal Code listed in Section 161.001(b)(1)(L) of the Texas Family code can lead to involuntary termination of the parent-child relationship.
  2. SB 314.  Section 263. 409 is amended to include a requirement that the Department of Family and Protective Services provide a nonparent managing conservator of a child with an explanation of the differences between adoption and appointment as managing conservator and to inform them of the rights and duties of a managing conservator before the court renders an order appointing them as managing conservator.
  3. SB 737 (HB 1660).  Section 85.042 is amended to require courts to send protective orders to law enforcement by the end of the next business day and to permit transmission in electronic form.
  4. SB 812 (HB 1826).  Section 201.001 is amended to allow associate judges to hear and render orders on name change suits pursuant to Title 1, Chapter 45 of the Texas Family Code.
  5. SB 814.  Section 6.4035 is amended to remove the requirement that a waiver of service be sworn before a notary public if the party executing the waiver is incarcerated.  Also, the section is amended to prohibit the use of a digitized signature on a waiver.  In addition, parties are now authorized to waive the issuance or service of citation in suits to remove the disability of a minor, a suit to change the name of an adult or a child, or a suit relating to the parent child-relationship through amendment of sections 31.008. 45.0031, 45.107 and 102.0091.
  6. SB 815.  Section 6.501(a) is amended to include new forms of electronic communications and documents in temporary injunctions the court may issue and adds a list of additional protections of parties after filing for a divorce.
  7. SB 817.  Section 153.005, regarding the issuance of a protective order and the appointment of a managing conservator in certain family law proceedings is amended.
  8. SB 818.  Sections 153.076 is amended to add subsections (b-1) and (c-1) and amending subsection (d).  Section 153.076(b-1) require a court to order that each conservator of a child has the duty to inform the other conservator under certain circumstances concerning whether the conservator establishes a residence with someone subject to a protective order, lives with or provides unsupervised access to a child to someone subject to a protective order, or is subject to a protective order themselves after the date of the order establishing conservatorship.  Section (c-1) outlines the notice requirements and (d) is amended to include failure to provide notice required by (b-1) and (c-1) as Class C misdemeanor.
  9. SB 821 (HB 1825).  This bill amends the Texas Family Code to change the definition of school from a primary school to an elementary school and that elementary school includes prekindergarten.
  10. SB 1929.  Amends 155.207 of the Texas Family Code by extending the period from one to ten days for the clerk of the court to send to the proper court the required documents and adds that a certified copy of the order of transfer signed by the transferring court to the list of required documents.  Additionally, it adds that notice shall be given to the judge of the transferee court on the receipt of the documents, items that must be included in the order of transfer, and the authority of the court to which a suit is transferred to either retain an attorney ad litem or guardian ad litem appointed by the transferring court or to appoint a new attorney ad litem or guardian ad litem by wither the 10th day after receiving the order of transfer or the date of the first scheduled hearing after the transfer.
by Ramos Law Group, PLLC
Family Law, Hiring a Divorce Lawyer
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Ramos Law Ramos Law Group, PLLC, was founded by board certified attorney Mary E. Ramos, founder of Ramos Law Group, PLLC, who is board certified in family law by the Texas Board of Legal Specialization.

Why should you choose a board certified attorney in Texas over a non-board certified attorney? There are several reasons why choosing a board certified attorney could mean a better experience for the client and a more favorable outcome for their case.

More Experience

Becoming a board certified attorney in Texas requires that an attorney in the state of Texas to have practiced law for at least five years, with a minimum of three years in the specialty area. After passing an evaluation by fellow lawyers and judges the attorney must take and pass a 6-hour written certification exam, the attorney is required to continue ongoing involvement in their specialty area and attend Texas Board of Legal Specialization approved legal education courses.

Higher Standards

The standard that Board Certified Attorneys must meet, shows a level of commitment to their specific field of law and an ongoing interest in learning the current trends in their practice area. A board certified attorney has more knowledge and experience in a certain, specific area of law as compared to an attorney who practices in several different areas of law.

Powerful Reputation

The advantage of a board certified attorney to a non-board certified attorney is more than passing a certification test. A board certified attorney possesses a greater level of experience in a single field, maintains close relations with other attorneys within their specific field, and gains ongoing notoriety amongst their peers in the legal community.

Each of these advantages provide better results for the Board Certified Attorney’s client because experience, close relationships, and notoriety all work together in obtaining the best legal result possible for the client.

Contact Us Today

Mary E. Ramos understands that being a board certified attorney in Texas means staying fully committed to each case along with continued education to provide the best possible outcomes for each client. If you’re looking for an attorney with a higher level of experience, standards, and reputation, contact our team at Ramos Law Group today to schedule your initial consultation.

by Ramos Law Group, PLLC
Divorce, Family Law

Immigration and DivorceThe state of Texas and the Texas Family Code do not mandate that a person be a citizen of the United States to receive a divorce or pursue a custody case. The only residency requirement is that a person must have resided in the state of Texas for the previous six months and resided in the county of filing for the previous 90 days. There is no distinction in the Texas Family Code between a legal or an illegal resident.

A court will not consider immigration status when awarding child custody, child support, property division, spousal maintenance, or any of the other various family law issues one may encounter in the family law court system.

There are immigration status implications for those going through a divorce so it is important to discuss your facts with an attorney if your case involves immigration issues.

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