North CarolinaFamily Law No Back to top If you want to start the clock on getting divorced, either you or your spouse has to move out of the home. 1 It does not matter if you were married in North Carolina or in another state. Filing jointly and claiming all three dependents would likely result In my mind we were divorced, even though we had never made it legal.. Second, once you are separated, are there any restrictions on forming relationships with other people? Fax: (919) 882-1004. Go out in the hallway and talk to your client please.. 50-8 Did you find this information helpful? Many times in family law cases, we see situations where a woman becomes pregnant while still married. Is it still beneficial to claim married jointly or should we consider married separately? Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. claim the exemption. If you cant agree a child custody action will need to be filed with the Court. Clearly, being pregnant during the divorce is an extremely important and vital issue that both the court and the lawyers, along with your spouse, need to know about! Cohabitation (living with) your dating partner can terminate spousal support. Alicia, 46, and her husband separated in 2013. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Cyberstalking and Divorce: Communication Taken Too Far, Divorce and Custody: Ways to Handle Holiday Visitation, alienation of affection and criminal conversation, What to Expect When Going Through a Divorce. Yes, and no. between and our If the wife can avoid directing her funds to child support, she should consider taking that route. A Desire to Date or Remarry: If either party wishes to remarry, a . Would I be liable for the baby if the divorce isnt finalized before birth? DISCLAIMER: The Information herein is provided for information purposes only, is not intended as legal advice, and should not be relied upon as legal advice. 2017. Learn about taxes, budgeting, saving, borrowing, reducing debt, investing, and planning for retirement. entitled to claim her. Separation is a time for absolute discretion on Facebook, Twitter, etc. Hello This is Samuel and I will discuss this and provide you information in this regard The answer is yes. Results of a genetic test, as defined in sec. We currently have 2 kids we always claim as dependents and she is wanted to claim the newest child when we file for 2017. Been preparing taxes professionally for 10+ years. You'll be fine once you test, you won't owe child support or be on the hook for anything. Does the child have a a right to know who its real biological father is? A: Call Us Today: (919) 870-0466 Call Now Ontario Child Support Calculator | Child Support Canada, Getting Pregnant By Another Man During Your Divorce. It happens every so often, that a woman going through a divorce will get pregnant. Angelas situation is not as unusual as it might seem. People who have gone through divorce can tell you that the process is never easy. Can we claim her on our taxes as a dependent since my wife carried her, used her insurance policy for the birth and paid her medical bills? She lived with me until October of 2017 and had the baby in August. Do they have rights? We'll help you get started or pick up where you left off. If a man is legally married to the woman giving birth even if they are divorcing he is considered by most states to be the "presumed father.". I worked for the I.R.S. Your wife, as the custodial parent, could agree to let the father claim the child on his return by signing Its almost always the most advantageous I spent my last 11 years at the I.R.S. If you are pregnant and separated from your husband, you may feel alone and like you are taking on the world. Toronto, ON Milwaukee, WI 53202, 200 S. Executive Dr., Suite 101 (3) What happens if another man, other than the husband is the father? My ex and I have been legally separated for 12 years, but we were both too stubborn to pay for a divorce. But, on the bright side, this did prompt us to go ahead with that divorce!. (1)(a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. And remember, knowing ahead of time can alleviate a lot of confusion. He texted me all day, to make sure he wasnt going to be responsible for another mans baby. Call . All that is required is moving out with the intent to live separate and apart permanently. Reveal number tel: (740) 653-3711 . You can file your divorce complaint one year and one day after the date of separation. At the time of the divorce, the court or your attorney will be reading from the petition for divorce and the wife will be asked the following question, based on the statement in the petition for divorce; I dont mean to embarass you in any way, but are you pregnant today?. Sure enough, once the baby was born, Angela discovered that she had to have her ex sign a waiver stating that he was not the babys biological father before she could list her boyfriend on the babys birth certificate. M3J 3H7. The party who is alleging that the husband is not the father of the child, has the burden of proving that in court by clear and convincing evidence. He or she will explain the legal ramifications of getting pregnant during the divorce proceedings. North Carolina requires that spouses live separate and apart from each other with at least one of them intending to end (terminate in legalese) the marriage. She lived with me until October of 2017 and had the baby in August. I had no idea! Angela says. when she lived with the father) she would be the custodial parent, and would be Paternity is the legal process of recognizing a child's biological father as his legal father. Milwaukee, WI 53226, M F: 6:30am 8pm The form says that he is not the father of your child. in Mand My wife had a child with another man while we were legally married, how to file? I live in NC and technically I was the father by law of this child until a paternity test was performed in October to determine he was the father. If a man gets someone else pregnant during the marriage, his wife is not presumed to be the mother of that child. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Private message. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the mans parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).. If you are in that situation, your legal situation becomes more complicated and discussing the specifics with your lawyer is important. Estimate your tax refund and where you stand. This is particularly important because it raises the following issues; (1) Will the court allow the divorce to be completed while the woman is pregnant? Situation 2: Getting a divorce while pregnant when the husband IS the father. If you find yourself facing a complicated family law matter, we recommend that you contact an experienced family law attorney to help guide you through the often confusing and difficult process. The law already presumes that the husband is the child's father. You have to live in a separate residence not in separate rooms of the family house, not even in a separate apartment over the family garage but in an entirely separate location. This could push the judge to make some decisions for you, which you may not like. The answer is almost always no. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Message. My wife and I were legally married all of 2017 with not legal separation. I just learned about it last week. The judge, turning red in the face, slammed his gavel down and said,10 minute break. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. NC law regarding paternity wouldnt apply on your federal taxes. If you find yourself facing a complicated family law matter and need the help of experienced family-law attorneys, speak with our detail-oriented and well-versed lawyers in or around Charlotte, Lake Norman, or at our new office in Monroe, please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here. Warning Signs and How to Get Help, 8 Warm Weather Locations for Your First Vacation as a Smaller Family. Your husband could also amend his divorce petition to include grounds of adultery. Lawyers, Answer Questions & Get Points The best way to handle it is for you and her to agree to something fair and have that agreement formalized in a written Separation Agreement that will resolve all of your marital issues in preparation for divorce. Last 30 Days. It comes into play most often when a child is born to parents who aren't married to one another. and with your wife and the father for the rest of the year. Your spouse does not have a say in whether or who you date. To be honest, I hadnt even considered that this would be an issue, Angela says. Bear in mind that the court will not grant an early divorce if adultery was committed for the sole purpose of getting a speedy divorce. Unless you want a judge to decide whats best for your kids, keeping an open communication channel and being respectful can be of tremendous help to separating couples with minor children. I heard you can still be held responsible for another man's child if the child is born into your marriage. What Happens if a Woman is Pregnant in the Middle of a Divorce. Given the amount of financial, emotional and practical details that have to be addressed, its often common for most couples to make mistakes during divorce. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Here, the judge treats the unborn child as if it were already born. If you have questions about divorce, custody, or being pregnant in the middle of the divorce, contact one of our experienced family lawyers at Karp & Iancu, S.C. today. Please see this link to the Rules Suite 210
for Claiming a Dependent on Your Tax Return. filing status. We are still planning on filing married jointly for tax reasons but we are now legally separated as of 1/12/18. The court must appoint a guardian ad litem (attorney) to advocate for the baby in the determination whether the husband is or is not the father. Since the child is legitimately hers, is that an issue. To file for divorce in North Carolina, one spouse must have been living in North Carolina for at least six months immediately prior to the filing. From a legal standpoint, there are two things you need to consider. Voluntary Acknowledgment of Parentage" form, Help for Elders and Those with Disabilities. 933 N. Mayfair Rd., Suite 300 Where you live makes a difference. How do I clear and start over in TurboTax Onli Premier investment & rental property taxes. The term "legal father" generally refers to a man married to the mother at the time of conception or birth of their child or whose paternity has been otherwise determined by a court of competent jurisdiction. Madison, WI 53703, 2023 KARP & IANCU S.C. ALL RIGHTS RESERVED. If there is such a finding that determining paternity is not in the childs best interests under these circumstances, the court can disregard ordering DNA testing and must dismiss the case. If it's 933 N. Mayfair Rd., Suite 300 Over the years, their reason for staying married has evolved, she told Insider. Yes. Milwaukee, WI 53224, N19 W24400 Riverwood Dr., Suite 350 She is on my insurance still thru work. So, you are probably saying to yourself, I have no idea what any of this means. if only to avoid the complications that arise when two people claim the same Suite #601 You dont need a written agreement to effectuate a separation, although separation agreements can protect your rights and make sure the terms of a separation are clear. Your husband needs to sign the presumed father section of the same form. During the court hearing, we began by asking her the standard questions from the petition for divorce. Fax: 704-347-0674, This site is protected by reCAPTCHA and the. How do you navigate such a tricky situation? There is no need to have a separation agreement or file anything with a court for the legal separation to take place. The husband by law, is presumed to be the biological father of the child. Type the letters you see into the box below. Decision-making could be quite difficult especially if the both of you have been trying to negotiate a settlement. Your husband needs to sign the "presumed father" section of the same form. According to some province laws, alimony ends as soon as you begin to live with someone else. Madison, WI 53703, 2023 KARP & IANCU S.C. ALL RIGHTS RESERVED. In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce. for 33 years. However, sometimes you simply can not agree and if so you need to consult with a local family law attorney ASAP to start batten down the hatches and preparing for a contested divorce. Kenosha, WI 53140, 1433 N. Water St., Suite 428 Further complicating the matter, since her and her husband had been physically separated for over 9 months, her husband was not the father of the child. Dating and intimate relationships create some questions for people who are separated but not yet legally divorced. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. The form says that he is not the father of your child. We can help with that. These actions are very rare so it's usually best that you and your spouse figure out a way to work this out. She got pregnant in 2016 with another mans child. If you want the biological father's name on the birth certificate, you first need to, file the Voluntary Acknowledgment of Parentage with the Probate Court, file the certified copy of the Voluntary Acknowledgment of Parentage at the office of the city or town clerk where your child was born, If your husband will not sign the Affidavit of Non-Paternity, talk to a lawyer. Thats it: [1] separate residence and [2] intention to end the marriage. Appleton, WI 54913, 11414 W. Park Pl., Suite 202 I heard you can still be held responsible for another man's child if the child is born into your marriage. Law enforcement cannot assist you in getting your children back from the other spouse, so it pays to be civil and come to some type of understanding. Log In. In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action. Monday-Friday Here are a couple of common reasons why divorce may be the preferred option to an indefinite legal separation in North Carolina: Certainty: In cases where both parties are resolute in their desire to start over, divorce may be a preferable option to a long-term legal separation. Waukesha, WI 53188, 18 E. Washington St., Suite B Youre very likely going to be responsible for some spousal support plus child support if you have minor children. If you want to move out but havent made preparations for how to maintain a regular overnight schedule with your children, issues with visitation can arise. You can also apply for divorce on the basis of incurable insanity. You will be presumed to be the father even after divorce until you do paternity in court to prove you're not the father. I am an Enrolled Agent. Divorce / Separation Lawyer in Lancaster, OH. I know that we should have taken care of this years ago, but I guess Id sort of stopped thinking about it. If the presumed father denies that he is the biological father, the mother can file a petition with the court to determine paternity through DNA testing. With limited exceptions, once you are separated, you are generally free to date anyone who wants to date you with one big exception. You need to complete the forms, sign them in front of a notary public and file them. Most likely, the trial judge will order DNA testing of both parties and the minor child, once born, to show whether the husband is or is not the father. Always tell your lawyer everything about your case, whether you think it is important to the case or not. Affordable Care Act Health Insurance and Divorce. Leaving does necessarily constitute abandonment under North Carolina law, but understanding the concept of abandonment may help you make a decision about your separation. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. Also. No paperwork has been filed. If you are married to someone other than the father of your child and you want the biological fathers name on your childs birth certificate, you need two forms: an Affidavit of Non-paternity and a Voluntary Acknowledgment of Parentage form. They fear that if they leave first it will negatively impact their ownership rights in the marital home or affect their rights to spousal support. tax return, because the child lived with you and your wife for a period of time between a man and his child. He might not respond positively on learning that you are seeing someone else. I was talking about last names with my friends and mentioned that, legally, I still had my exs last name because we had never actually divorced. Although. North Carolina; North Dakota; Ohio; Oklahoma; Oregon; Pennsylvania; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; . We can guide you through that process very affordably with a flat rate fee of $250 for an average couple. Consumers: Ask Lawyers Questions and Get Answers for Free! She and I separated November 12th 2017, I found out she got pregnant by another man in January 2018, does this change anything? BPW Welcomes Elisabeth Jones to Our Legal Team, NC Court of Appeals Limits Application of Grandparent Visitation Statute. I wish Id known about this months ago, Angela says. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. The only exception is if you qualify for an annulment, which only applies in extremely limited circumstances. Make sure to pause for a moment and reflect. In an action to establish the paternity of a child who was born to a woman while she was married, if a male other than the womans husband alleges that he, not the husband, is the childs father, a party may allege that a judicial determination that a male other than the husband is not in the best interest of the child. Initially, she went to a lawyer to pay for her half of the divorce, but her husband would not return her calls or the lawyer's. When she started dating her boyfriend two years ago, Angela told him she was separated but not legally divorced. sec. time (when she lived with you and Share Feedback|Terms and Conditions|Privacy Policy. Years ago, when I was a much younger lawyer, I was doing one of my first divorce hearings. Posted on Aug 17, 2016. When Stepparents and Grandparents Owe Child Support. If the DNA tests come back and exclude the husband as being the biological father, the divorce trial judge may take the case one step further and require the mother to file for paternity and determine who is the biological father, before completing the divorce case. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. A problem arises when both spouses refuse to leave but they both want a divorce. For more information, please see our 525 N. Tryon St.
What Is Considered Child Abuse in North Carolina? Cookie Notice Sa Su: 7:30am 6pm, 8651 N. Port Washington Rd., Suite A If your husband does not sign the form, then legally he, Both you and the biological father of your child need to sign a ", File the Affidavit of Non-Paternity and your childs birth certificate at the office of the city or town clerk in the city or town where your child was born. Falling pregnant with another mans child makes it worse. 1120 Finch Avenue West, My client (the wife), had made no mention to me that she was pregnant. Reply. Wevorce is a registered trademark. If pregnant, make sure you consult your divorce lawyers in Toronto. murphyE927 1 yr. ago. Your husband could use your pregnancy as leverage to get what he wants, thus you may end up losing more than you actually thought. That would preclude the third party from having themselves established as being the biological father of a child to a woman who was married at the time. Therefore, to enter in to an intimate relationship with someone else other than your spouse is adultery. True abandonment could impact spousal support and property distribution during a divorce, but it is not guaranteed, in fact, it is unlikely. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. First, what does separated mean? This could cause complications and prolong the divorce proceedings. I live in the family home with our 2 children. West Bend, WI 53090, 811 E. Washington Ave., Suite 418 << Previous Next >> Family Law Offices Hours M - F: 6:30am - 8pm Sa - Su: 7:30am - 6pm Fox Point 8651 N. Port Washington Rd., Suite A Fox Point, WI 53217 (414) 240-1835 Kenosha file Married, Filing Jointly this one last time. We could have finalized the divorce, or I could have, at the very least, warned him that this was the case. So, while the third party who believes they may be the father can technically file a paternity action while the woman is married, the parties (husband and wife) can argue that having paternity established is not in the best interest of the child. Do I have to rush thru the divorce process now? Getting pregnant during your divorce complicates many issues and could hinder your right for divorce. If you and your spouse agree to separate or if youre fine with leaving the marital home to effectuate a separation, there is no need to file anything. Instead, the judge can award custody to a relative, a friend, or even the local juvenile court. Fortunately, the Affordable Care Act has you covered. Can file your divorce complaint one year and one day after the date of separation are pregnant and from! Always claim as dependents and she is on my insurance still thru work of each case is it still to... Not matter if you are seeing someone else pregnant during the marriage, his is. Divorce complicates many issues and could hinder your right for divorce on the bright side, this site protected... Is it still beneficial to claim married jointly for tax reasons but we were both too stubborn pay! To one another you, which must be tailored to the specific circumstances of each case be with... For another man 's child if the wife ), had made no mention me! I be liable for the legal separation to take place is important to the case not..., I hadnt even considered that this would be an issue answers Free! Which you may feel alone and like you are pregnant and separated from your husband to... Her the standard questions from the petition for divorce required is moving with... Unborn child as if it were already born who its real biological father is one! An average couple planning for retirement answer questions and earn Points, Badges and Exposure to Potential Clients our! Information helpful that route could cause complications and prolong the divorce process now for average... Yourself, I hadnt even considered that this was the case wife for a divorce while pregnant when husband... Alicia, 46, and her husband separated in 2013 getting pregnant during the court hearing we! Letters you see into the box below 2: getting a divorce will get pregnant are on! And how to get Help, 8 Warm Weather Locations for your First as... & IANCU S.C. all RIGHTS RESERVED Dependent on your federal taxes not presumed to be for! Not presumed to be honest, I was doing one of my First divorce hearings the in! For more information, please see our 525 N. Tryon St. what is considered child Abuse in Carolina... In another state wanted to claim the newest child when we file pregnant by another man while separated in north carolina 2017 in... Include grounds of adultery apply for divorce years, but I guess Id sort of stopped thinking about.! Law regarding paternity wouldnt apply on your tax Return your marriage considered child Abuse in North Carolina in... 300 where you left off divorce proceedings action will need to be honest, I was doing one of First. Of stopped thinking about it to some province laws, alimony ends soon! Specific circumstances of each case madison, WI 53703, 2023 KARP & IANCU S.C. all RIGHTS RESERVED often. Questions and earn Points, Badges and Exposure to Potential Clients average couple the father., saving, borrowing, reducing debt, investing, and her husband separated 2013. Still married were already born budgeting, saving, borrowing, reducing debt, investing, planning... You information in this regard the answer is yes friend, or even the local juvenile court take.! About this months ago, when I was doing one of my First divorce hearings still planning on filing jointly. With our 2 children Parentage '' form, Help for Elders and with. To our legal Team, nc court of Appeals Limits Application of Grandparent Visitation Statute pregnant while still.... During the court hearing, we began by asking her the standard questions from the petition divorce! Tax reasons but we are now legally separated for 12 years, but I guess Id sort stopped. Include grounds of adultery and remember, knowing ahead of time can a! Suite 350 she is wanted to claim the newest child when we file for.! Unusual as it might seem a a right to know who its real father... Things you need to complete the forms, sign them in front of a genetic test as. And get answers to basic legal questions constitute legal advice, which you may not like apply., that a woman is pregnant in the face, slammed his gavel down said,10... Are still planning on filing married jointly or should we consider married separately,! Be held responsible for another mans child makes it worse KARP & IANCU S.C. all RIGHTS.! The answer is yes process now, budgeting, saving, borrowing, debt. Basis of incurable insanity wanted to claim married jointly for tax reasons but were. Information in this regard the answer is yes thru the divorce, or I could,. Bpw Welcomes Elisabeth Jones to our legal Team, nc court of Limits. Badges and Exposure to Potential Clients planning for retirement that the husband law! Process very affordably with a flat rate fee of $ 250 for an annulment which... To file wouldnt apply on your tax Return, because the child lived with you and Share Feedback|Terms and Policy. 'Ll Help you get started or pick up where you left off that this be. Filing married jointly or should we consider married separately a man gets someone else for! In front of a notary public and file them divorce hearings 2023 KARP & IANCU S.C. all RESERVED! Like you are in that situation, your legal situation becomes more complicated and discussing the specifics your! Same form the same form are pregnant by another man while separated in north carolina on the world still beneficial to claim the child. A lot of confusion s father N. Mayfair Rd., Suite 350 she on! Local juvenile court claim as dependents and she is wanted to claim the newest child when we file 2017... Those with Disabilities ] separate residence and [ 2 ] intention to the... Situation, your legal situation becomes more complicated and discussing the specifics with your wife a. Intimate relationships create some questions for people who have gone through divorce can tell you the! If either party wishes to Remarry, a support, she should consider taking that route with your... We always claim as dependents and she is on my insurance still thru work married separately on non-confidential. Situation becomes more complicated and discussing the specifics with your Lawyer is not the father of the same.! Claiming a Dependent on your tax Return Ask lawyers questions and get answers for Free who are separated not. Start over in TurboTax Onli Premier investment & rental property taxes tax reasons but we were both too stubborn pay! It still beneficial to claim the newest child when we file for 2017 both want a divorce you. Justia Ask a Lawyer is not as unusual as it might seem still thru work period! The both of you have been trying to negotiate a settlement law cases, we see situations a... Us to go ahead with that divorce! both of you have been legally separated as of.! And his child the both of you have been legally separated for years. Forum for consumers to get answers for Free answers for Free because the child is born to parents who &..., slammed his gavel down and said,10 minute break Affordable care Act has you covered separated your! Wi 53226, M F: 6:30am 8pm the form says that he is not unusual., whether you think it is important to the case an annulment, which must be to. In the family home with our 2 children ] separate residence and [ 2 ] intention to end marriage... You can also apply for divorce on the bright side, this Did prompt us to ahead. And her husband separated in 2013 prompt us to go ahead with that divorce! to client. Exception is if you qualify for an average couple wouldnt apply on your tax Return, the..., on the bright side, this Did prompt us to go ahead with that divorce! Dr., 300... Unborn child as if it were already born push the judge, turning in! Sign them in front of a genetic test, as defined in sec Suite 350 is! Me all day, to make sure to pause for a moment and reflect investment. Information helpful even considered that this was the case considered that this would be an issue, Angela.., that a woman going through a divorce and discussing the specifics with your wife for a divorce will pregnant! Consult your divorce complicates many issues and could hinder your right for divorce W24400 Riverwood,. Grounds of adultery in whether or who you date in whether or who date. Had made no mention to me that she was pregnant presumes that the husband by,! Been legally separated as of 1/12/18 too stubborn to pay for a period of time between a man and child! But not yet legally divorced texted me all day, to make some decisions for,... N. Mayfair Rd., Suite 350 she is wanted to claim married jointly or should we consider separately! Wife for a moment and reflect years, but I guess Id sort of stopped thinking about.. Honest, I have to rush thru the divorce proceedings divorce while pregnant when the husband is the &... The form says that he is not secure and is done so on a non-confidential basis only,. Same form situation, your legal situation becomes more complicated and discussing the specifics with Lawyer... Thats it: [ 1 ] separate residence and [ 2 ] intention end. Me all day, to make some decisions for you, which must be tailored to case! As of 1/12/18, M F: 6:30am 8pm the form says that he is not secure is. Can file your divorce complaint one year and one day after the date of.... You see into the box below in Mand my wife had a child with another mans baby could the...
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