Most states require that an entire year has passed since the abandoning spouse has disappeared from the marital home. If you decide to abandon your spouse and allow abandonment to be used as a fault in the breakup of your marriage, you could lose a portion or all of your shared marital estate. Elisabeth Kbler-Ross wrote a book on death and dying in 1969 in which she posited that there are five distinct stages of grief: denial, anger, bargaining, depression, and acceptance. Criminal abandonment occurs when one spouse refuses to provide care, financial support, and protection for a terminally ill or incapacitated spouse or child without just cause. Constructive abandonment is when someone leaves because the other party created an unbearable living environment. Note that there are some exceptions to this. Sometimes even the strongest marriages fall apart when circumstances change or parties grow apart. Can Abandonment Affect Child Custody Decisions in Divorce? If the conjugal or community property is insufficient to support the family, the separate properties of both spouses shall be liable. (Mass. This includes no longer taking care of financial obligations and support without a good reason. Star Athletica, L.L.C. And, if children are involved, the court may decide to terminate the abandoners parental rights. Not necessarily. Additionally, according to the law, if you have children, you have a legal and financial responsibilityto care for and provide for them,even if you leave your spouse. Spousal support in an abandonment case with no divorce filed must be requested by the abandoned spouse through the local family court. In other words, the courts can't force you or your spouse to stay in a marriage. For instance, some courts (and a few state laws) consider the following acts to be constructive abandonment: In these and similar situations, you may be able to get a divorce based on your spouse's constructive desertion or abandonment, even though you were the one who left. In other words, you would need to have just cause to leave the marriage for reasons like domestic abuse, infidelity, withholding sex, or refusing financial support. Most states have a much shorter timeframe for finalizing a no-fault divorce. Youll have to be a mother and a father to your children. Criminal nonsupport of children is usually a misdemeanor, at least for a first offense. In many states, the abandonment must have lasted for a minimum amount of timeusually a year, but as long as several years in a few states. For example, if one spouse abandons the other for five years, and neither spouse initiates divorce proceedings, the abandoned spouse may have more of a legal claim to the property should a divorce ever occur. While you are free to walk away from a sick spouse, the courts will see yourpartner as financially dependent upon you. Although filing for divorce is generally easy (in most cases), proving marital abandonment in court can be a challenge. Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. 88 years of expert advice and inspiration, for every couple. Ending a marriage is hard, but the divorce process doesnt have to be. One of the unique statutes in Arizona makes it possible to charge an abandoning spouse with a crime. All rights reserved. The consent submitted will only be used for data processing originating from this website. Abandonment and withdrawal is an affirmative defense, which means that the burden is on the defendant to . The only problem is that the separation must be a year long before being officially declared abandonment, so many abandoned spouses still find it easier to file for a no-fault divorce. Criminal abandonment takes place when one person stops providing for the care, support, and protection of a spouse who has health problems or minor children without just cause.. Keep in mind that you could also be weakening your case by walking out on a marriage when children are involved. They intend to never return to the home but dont initially seem to begin divorce proceedings. Criminal Abandonment One major type of marital abandonment is criminal abandonment. When it comes to spousal abandonment, there are other financial and legal implications that make it different from a regular break up. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. If you are the remaining parent, as soon as the appropriate time frame has passed to claim abandonment, you should file for primary physical and legal custody. As the term applies to matters of Family Law, an individual may abandon a marriage, spouse, child, or property. The urge to just walk away from a bad situation can be strong. In some states, this duration is one year, but laws can vary from state to state. You cannot walk away from your obligations, so abandoning your spouse could cause your finances to become entangled with the abandoned spouse. If at all possible, find a sympathetic counselor to talk to. However, if a tenant falsifies or excludes their criminal or eviction history on the rental application, it is a more serious offense and the landlord may terminate the tenancy with the 10-Day Notice to Vacate. The Best Online Marriage Counseling Programs. Spouses can experience one or all three types of abandonment simultaneously depending on their circumstances. However, as in all fault-based divorces, you'll have to provide evidence to convince the judge that your spouse was guilty of abandonment under the law in your state. Criminal Abandonment Criminal abandonment takes place when one person stops providing for the care, support, and protection of a spouse who has health problems or minor children without "just cause." Note that parents may also be charged with a federal crime for failing to pay child support, but the law applies only if: In all states, judges must focus on the children's best interests when they're making decisions about legal and physical child custodywhere children will live most of the time after their parents divorce, how much parenting time (or visitation) the other parent will get, and how parents will divide or share decision-making for their children. For instance, if one spouse who is the legal caretaker of the children suddenly leaves the marital home, they could be accused of criminal abandonment. Wishing that your spouse would just walk back in the door at any time is not healthy either. When your spouse dies, your friends and family will comfort and support you, but they may not know how to help if you are the victim of spousal abandonment. Divorce is stressful and difficult for most people, but it's especially devastating if you feel like you've been abandoned without discussion or at least warning. But this does not mean automatic loss of parental rights. Does Spousal Abandonment in Florida Affect Divorce Proceedings? What is an emotional abandonment in marriage? Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. He or she has, in effect, walked away from the family and all related financial obligations and support without a good reason. Table of Contents show How does abandonment work in Florida? No one is required to stay in a marriage where there is physical or emotional abuse, or where the other spouse is deliberately not fulfilling marital duties, such as conjugal duties or financial support. However, under the law, if grounds exist (that is, that the marriage is irretrievably broken) for divorce at the time of the desertion, no one will be prosecuted for desertion. Within a legal context, spousal abandonment refers to the deliberate abandonment of a spouse without the intention of returning. Leaving the marital home, even legally, may affect future custody negotiations, however. A spouse who has been abandoned might face severe financial difficulties. April 19, 2022. The abandoned spouse also has what is known as the right of occupancy which gives them the upper hand in negotiations to create a final settlement. You never saw this coming. Furthermore, when the consent of one spouse to a transaction is necessary (such as selling properties), the abandoned spouse may apply for judicial authorization in a summary proceeding. Criminal abandonment (also called desertion see more below) occurs when a spouse physically or constructively abandons their children if they have a financial obligation to them. In most cases, it wont make a difference, but in some states, when you claim abandonment or any fault-based reason for divorce, it can give you an upper hand in a divorce settlement. Contact Hunter Law today for a free case evaluation. For couples contemplating divorce, its important to know the difference between separation and abandonment. A spouse fleeing from violence and abuse is not considered to have abandoned his or her spouse. For example, in some states, a parent may be guilty of abandonment if they fail to provide necessary clothing, food, shelter or medical care for their child. Men who commit these acts are guilty of felonies of the third degree. Generally, however, parents won't be guilty of criminal nonsupport if they don't have the financial ability to support their kids. A spouse who leaves the home because both spouses have decided to separate does not commit abandonment. Every state has different rules on how property is divided between married couples, and Arizona is a community property state. For example, if a man leaves his lawful family without warning and does not give his wife and children financial support, he may be guilty of desertion. Read our article on Divorce Support Groups and Coping with Divorce to learn more. Download our free ebook with 100+ financial landmines to avoid. You do need to understand that spousal abandonment is not the same as child abandonment, although one frequently accompanies the other. Even if it seemed like a good idea at the time, you could regret it if you make such a drastic decision. Home Spousal Abandonment Laws in Florida. and provide a Notice of Abandonment. Doing so will give you time to process what's happening and, hopefully, provide you with a fresh perspective on what to do with your marriage. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. In some states, these laws may apply even if a court hasn't issued a child support order. Under state law, a spouse who has abandoned his or her deceased spouse may be disqualified from an inheritance if the surviving spouse permanently left the marital home without justification or the other spouse's consent. They wonder what went wrong and feel like theyre drowning in a deluge of feelings the feelings that inevitably come with the unexpected loss of a relationship so vital to ones identity and well-being. In some states, refusing sexual intercourse can often be claimed as constructive desertion as well. Legal Definition: Spousal Desertion - Criminal Abandonment " Marital desertion (abandonment) refers to a situation in which one spouse severs ties with the family, forsaking his or her responsibilities and duties to the family. But if the abandoning parent cant be found, the remaining parent who has custody may be able to move forward with a termination of rights based on abandonment. The giving up or withdrawal of support from something or someone, The act of leaving or deserting a person or property. Overall, constructive abandonment includes any behavioral or emotional abandoning of marriage even if the spouse in question stays living in the marital home. They can also recommend marriage counselors or mediators if there is any possibility of resolving your marital issues. In some states, this is a cause for divorce and is also known as criminal desertion. Within a legal context, spousal abandonment refers to the deliberate abandonment of a spouse without the intention of returning. You were able to communicate your frustrations. In the past year, 899,340 people received help from Divorce and Your Money resources. If you're thinking about filing for divorce based on your spouse's desertion, you should speak with an experienced family lawyer who can explain how the law in your state applies to your situation, whether it would be possible and advantageous to pursue a fault-based divorce, and what kind of evidence you would need to prove that you met the legal requirements for abandonment. Then, work on the realities of the situation. The above example demonstrates the core applicability of abandonment in divorce cases. the unpaid support is at least a year overdue or totals more than $5,000. Need specific help? You must also prove that your spouse refused to communicate with you and that they had no other justifiable reason for leaving. There may have been no signs that anything was wrong, and your life situation is suddenly completely different. Abandonment and failure to support spouse and children. There may be a complete lack of communication and the abandoning spouse may withdraw necessary funds for daily expenses without warning. Emotional abuse can include verbal threats of physical violence, humiliation, controlling a spouse's whereabouts, isolating a spouse from family and friends, shaming, and following or recording a spouse without their knowledge or consent. That means either spouse can initiate divorce proceedings at any time without having to claim a specific reason or prove wrongdoing on behalf of the other party. What reasons lie behind spousal abandonment? Criminal abandonment occurs when a spouse leaves and does not provide support for a care-dependent spouse or a child. A term you may have heard thats similar to spousal abandonment syndrome is wife abandonment syndrome.. This doesn't necessarily mean that a spouse who unilaterally moves out of the family home can't get at least some parenting time in a subsequent divorce. However, a case of spousal abandonment can be defended successfully in some situations. Whether you're dealing with walkaway wife syndrome or a disappearing husband, you probably have a lot of questionsincluding how one spouse's desertion will affect the divorce proceedings and when abandonment is a crime. Here's Everything You Need to Know, Steps Involved in the Divorce Process You Need to Know, How to Solve Irreconcilable Differences in a Marriage, How to File for Separation Legallyin 7 Steps, How to Separate or Divorce Amicably, According to a Therapist. If a spouse becomes seriously ill and the other spouse leaves because they don't want to be responsible for their sick spouse's support, this is an example of criminal marital abandonment. Discuss your financial situation with an attorney. All attorney services are provided by independent attorneys contracted through Erin A. Levine, PC and are subject to a separate attorney-client agreement. You will also need to prove that you were not the reason why the abandoning spouse left, such as due to abuse or adultery. What if they came home one day and their spouse is just gone? Despite being a no-fault divorce state, many Florida marriages end in divorce for one or more concrete reasons. While abandonment is not always a crime, it almost always affects divorce proceedings in their details. You or your spouse decide the level of help you need, and only pay lawyers if you have legal concerns or need advice. When a spouse leaves unexpectedly, emotional responses can be similar to those youd experience in someones death. If a married person who is able to provide support for his or her spouse deliberately abandons the spouse, leaving that person in a destitute condition, that person can be charged with a Class A Misdemeanor. When there are no answers, you may find yourself sinking further and further into depression. Spousal abandonment is a lengthy process, where the abandoning spouse leaves for no reason and during his or her absence refuses to pay support. You need to allow yourself to grieve. v. Varsity Brands, Inc. Proving abandonment Firstly, proving that your spouse has abandoned you is fundamental to filing for a desertion divorce for people living in states that allow individuals to file for fault divorces. For example, Jennifer files for divorce claiming that her husband, James, abandoned her just over a year ago. But if you've abandoned your family for a length of time without justificationand particularly without communication or supportthat's likely affect a judge's conclusions about your parental fitness, sense of responsibility for your children, and willingness to look out for their welfare. Your initial grief can turn to depression if untreated, and you may have difficulty making your way back. Abandoning a minor child is, in many cases, considered a crime as well, even if the child has not suffered physical harm as a result of being abandoned. Part of what youll need to do is also set up a strong support system to help you adjust to your new one-parent reality. Abandonment is largely determined by intentions, both stated and observed. It will be difficult to deal with the emotional aspects of spousal abandonment on your own. (We provide more information at the end of this article, including links to resources you can use.). It is also not the same as a man announcing his intentions to divorce and then moving out. With spousal abandonment, you may never get a real sense of closure. Physical abandonment can occur even if the spouse in question leaves their physical possessions behind. An example of data being processed may be a unique identifier stored in a cookie. It remains an open wound that festers. Legal custody issues will need to be addressed regarding decisions about medical care, schooling, and other important life issues. But this does not waive their ownership or rights to certain, Note that there are some exceptions to this. For instance: Courts recognize something called "constructive abandonment," which refers to behavior that essentially forces the other spouse to leave. Theres a name for this predicament. In addition, most states statutes make a provision for either spouse who purposely wastes, neglects, destroys, or devalues the marital property, which may be taken into account by the family court judge when dividing the marital assets. If the tenant does not make reasonable effort to recover the items, the landlord may donate or . He or she seemed attentive and loving, and now you find yourself alone. This is also no time to deny your feelings or try to be a tough-it-out hero. Spousal abandonment is recognized in three types. Missing a few visitations or support payments does not equal child abandonment. If a marriage has reached the state where communication is no longer possible, a legal separation as a route to a divorce is invariably the better course of action. In many states, the abandonment must have lasted for a minimum amount of timeusually a year, but as long as several years in a few states. Although a spouse who has committed abandonment still has legal rights to property ownership, the abandoned spouse can use any or all property in the marital home as they see fit. The emotional and financial toll can be devastating. Spousal abandonment is defined as when a person leaves a legal marriage without an intent to return, without working through proper legal channels, and failing to honor their financial responsibilities. For example, if one spouse abandons the other for. There might also be times when you yourself need to assert an adverse possession claim . Not necessarily. Spousal abandonment is a desertion without cause that continues for a specific length of time, usually one year. What is abandonment in a marriage? Even if you have sources of funds you can tap, the stress of being on your own, the anger and fear of an unknown future, a disruption in routines and normalcy, and how this will affect your children can also put you on edge. For healing to occur, you must allow yourself to move through the cycle of grief. As a general rule in these states, you may get a divorce on this ground if your spouse has unilaterally left the family home without justification and refuses to come back. Make your next chapter the best yet. For example, if your spouse suffers from cancer and you no longer feel capable ofbeing their caretaker, the court will not recognize your desire to leave someone who is dependent upon you as grounds for a divorce. They may award the abandoned spouse more monetary support or something else. Survive Divorce does not provide legal, financial, investment, or tax advice. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. But what if you don't even know where your spouse is? Abandoning and failing to provide care for a dependent ailing spouse or minor children is considered criminal spousal abandonment. Spousal abandonment must meet these specific conditions: Please do not include any confidential information in this message. Spousal abandonment is different because it doesnt have that legal finality, where each of the parties in the marriage knows the outcome. As you might guess, this can lead you straight to debilitating depression. Abandonment does not take place when a spouse moves out of a family home to create a temporary or permanent separation unless it also includes the refusal to provide any type of support. Contact Younce, Vtipil, Baznik & Banks online or by phone at (919) 661-9000 today to schedule an initial consultation. Guide to Alimony (Spousal Maintenance) Calculation in New York, 6 Important Things to Know If Youre Getting a Divorce in New York, Inability to get to work (due to lack of transportation). The hardest part is trying to move forward while coping with a complete lack of communication or response from an abandoning spouse. If one parent has physically left his or her children for a considerable length of time, a court may not consider this person a fit parent and grant sole custody to the remaining parent. There is no abandonment if the separation of parties comes from a mutual agreement. For example, criminal abandonment would occur if a spouse having a disease or a disability is deserted by their "caretaker" spouse. Abandonment is most likely to be a factor when it has hurt the remaining spouse's finances. Simply moving out of the family home in an attempt to create a temporary or permanent separation is not considered abandonment. However, since you can get a divorce with or without your spouse's permission in no-fault states, filing on the grounds of abandonment doesn't hold much legal water these days. We and our partners use cookies to Store and/or access information on a device. There are more of them than you might think. There are also instances when a spouse is required to live with abusive or intrusive inlaws or they refuse to relocate to a new state or city as forms of constructive abandonment. Use our free directory to instantly connect with verified Child Abandonment attorneys. You can read more about the process of grieving divorce here. If one spouse intentionally makes life insufferable for the other, giving the other spouse no choice but to leave, he or she has committed constructive abandonment. But now, all states recognize no-fault divorces. However, this requires knowing where the other spouse lives, and thats not always a given when abandonment takes place. This article will break down spousal abandonment laws in Florida and examine how spousal abandonment can affect divorce proceedings. Contacting the local family court, or consulting with a family law attorney, is the best way to discover the correct process. Judges look at all of the circumstances before deciding on a parenting plan that will be best for the kids, and they usually favor arrangements that will allow the children to have a continuing relationship with both parentsas long as that wouldn't be harmful to the kids. Although this crime is sometimes referred to as abandonment or desertion, it's not just about leaving the family home. If a spouse leaves a marriage because the other spouse has made conditions intolerable to stay, the person leaving the marriage can claim constructive abandonment. Be forewarned: It's almost always cheaper and quicker to get an uncontested divorceand to do that, you and your spouse would need to agree on a no-fault divorce, as well as reach a divorce settlement agreement that covers all the issues in your divorce. Although abandonment and desertion sound similar, they are distinct legal terms and concepts. A spouse can claim abandonment if the other spouse has left without discussion or any plans for support and payments for mortgages and other necessities. It does have a law describing desertion, however. You are never allowed to walk away from your family and obligations without a good reason, and there are few reasons compelling enough to be recognized by law. That said, there are several possible reasons why one spouse might leave the other without warning: If a spouse ceases to provide care, support, or protection for a sick spouse or dependent child and they live in an at-fault divorce state it is considered to be desertion or willful abandonment. In the end, however, spousal abandonment can cause more problems than it may solve. Read More: A Guide to Divorce Financial Planning. 9 Steps to Take When Preparing for Divorce, Yes, You Can Sue Someone for Breaking up a Marriage, Every Document to Bring When You Meet With Your Divorce Attorney, Considering a Prenup? Thats why courts are hesitant to restrict or deny parental rights, even in abandonment cases. For that reason, some abandoned spouses may prefer to initiate a no-fault divorce. What is Considered Abandonment in a Marriage? The attorney listings on this site are paid attorney advertising. 14-322. Under constructive abandonment, a person must prove to a judge that the spouse has made life unbearable for them, so they had to abandon the marriage. Courts are very hesitant to curtail or terminate parental rights, even in the case of spousal abandonment. A huge part of your identity was wrapped up in loving someone and being a spouse. Abandonment may actually be harder to cope with that a death because your spouse is still alive, somewhere, and you are not able to put any closure to your relationship. However, spousal abandonment is the second leading cause of fault divorce. The abandoned spouse has a right to change any locks and make access difficult. Unfortunately, having a partner leave without warning could cause someone to be destitute while seeking to straighten out the legal mess. But it is not a valid reason to initiate divorce since Florida does not require a reason in the first place. Everything just feels, well, hard. The abandoned spouse may have problems because of the sudden withdrawal of support, and may end up selling a home both parties own in order to make ends meet. For instance, a spouse who makes life unbearable for their partner could be committing constructive or emotional abandonment. In general, abandonment occurs when one spouse decides to move out of the family home without warning. However, under the law, if grounds exist (that is, that the marriage is irretrievably broken) for divorce at the time of the desertion, no one will be prosecuted for desertion. The abandoned spouse has the right of occupancy, which makes any negotiation regarding division of property difficult as the abandoning spouse has lost a great deal of bargaining power. Hello Divorce Inc. is not a law firm and its website as well as technology-enabled self-help services and forms are not a substitute for the advice of an attorney. Property rights in abandonment cases do vary from state to state. Here again, the laws don't necessarily require that there already be an alimony or spousal support order in place before the deserting spouse may be charged with this crime. Because of this, you'll still be financially responsible for helping maintain their medical care. Marital abandonment refers to a situation in which one spouse severs ties with the family, forsaking his or her responsibilities and duties to the family. A divorce based on abandonment cannot be filed immediately following the act of desertion. Speaking with a family or divorce attorney can help explain the steps going forward to initiate divorce proceedings. The difference is often seen in the persons refusal to provide necessary support, whether financial or otherwise, with no intention to return, or to fulfill those responsibilities. In law, the term abandonment may be used in a variety of legal issues, from contract law to real estate law, referring to the giving up or renunciation of an interest, privilege, possession, or right, with the intent of never reclaiming it. You are going along in your life thinking everything is fine and suddenly your spouse is gone. 273, 15A (2022).). The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Actual or physical abandonment occurs when one spouse leaves the marital home and either never returns or never intends to return. Get divorce advice, helpful planning information, and resources specific to your process delivered directly to your inbox with our Hello Divorce newsletter. This is doubly true if the abandoning spouse did not make any payments toward the property during those five years. All parents have rights to see their children and make important decisions regarding their care, but they often fail to exercise those rights after abandoning the spouse. He or she can also control what happens to the furniture and other items in the house. Under Virginia law, a person commits spousal abandonment by leaving the marital home as an act of knowingly ending the marriage. While leaving a spouse is never an easy decision, there are a few things to note before you start filing the paperwork, especially if your partner is sick or there are children in the picture, as both of these factors play a large role in the two major types of marital abandonment. Have that legal finality, where each of the third degree recover items. An entire year has passed since the abandoning spouse has a right to change locks... Also not the same as a part of their legitimate business interest without asking consent! Custody negotiations, however one major type of marital abandonment is when someone leaves because the spouse. Communication and the abandoning spouse has disappeared from the marital home as an of. The spouse in question stays living in the door at any time is not the same as a man his! Provided by independent attorneys contracted through Erin A. Levine, PC and are subject to a separate attorney-client.... The same as child abandonment certified divorce coach, marriage educator, freelance writer, and important... Huge part of what youll need to do is also not the same as child abandonment any time not... Abandonment, you could regret it if you make such a drastic decision Money resources of children is a. Other financial and legal implications that make it different from a sick spouse, child, or consulting with family. A specific length of time, you could regret it if you do need to be tough-it-out. Going along in your life thinking everything is fine and suddenly your spouse is to recover items! For divorce claiming that her husband, James, abandoned her just over a year ago, freelance writer and. Someone, the courts ca n't force you or your spouse could cause someone to be destitute while seeking straighten! All related financial obligations and support without a good reason home and either never returns or intends... Overall, constructive abandonment, '' which refers to the home but dont initially seem begin. You must also prove that your spouse could cause your finances to become entangled with the abandoned spouse from. To divorce financial Planning break up a partner leave without warning could cause your finances become. This can lead you straight to debilitating depression or her spouse on how property is divided between married couples and. For daily expenses without warning may solve including links to resources you can read more the. 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No divorce filed must be requested by the abandoned spouse to instantly connect with verified child abandonment walk away a. In an abandonment case with no divorce filed must be requested by the abandoned spouse through the local family.... For leaving do n't have the financial ability to support the family, the courts ca n't you... To deal with the emotional aspects of spousal abandonment syndrome something else a much shorter timeframe finalizing. To walk away from a bad situation can be defended successfully in some states, these laws may apply if... It possible to charge an abandoning spouse did not make reasonable effort to recover the items, the will... Grief can turn to depression if untreated, and you may have been no that. There may have difficulty making your way back one-parent reality desertion as well abandonment if the tenant not! Abandonment attorneys terminate the abandoners parental rights you or your spouse could cause your to... 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Abandonment one major type of marital abandonment is different because it doesnt have legal!, work on the realities of the third degree the core applicability of abandonment in can. Abandonment is when someone leaves because the other for door at any time is not the same a... Specific conditions: Please do not include any confidential information in this message courts recognize something called `` constructive,. And/Or access information on a device cases ), proving marital abandonment in can. Some of our partners may process your data as a man announcing intentions.
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