The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form serves as a foundational document for initiating a divorce proceeding within the state of Texas. It outlines the legal requirements and information necessary to formally request a dissolution of marriage from the court. Individuals seeking to navigate the complexities of divorce are encouraged to accurately complete this form and consider seeking legal guidance to ensure all processes are handled with the utmost care.
For assistance with completing the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, click the button below.
When couples in Texas decide that it's time to go their separate ways, navigating the legal process can seem daunting. At the forefront of initiating this journey is the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, an essential document for those looking to dissolve their marriage. This comprehensive form not only marks the beginning of the legal proceedings but also acts as a guide through the complexities of divorce law in Texas. It caters to various situations, whether the divorce is contested or uncontested, involves children or not, and considers property division. Filling out this form correctly is crucial, as it sets the tone for the entire process, influencing how smoothly the divorce proceedings might go. From outlining personal information and residency details to specifying reasons for the divorce and expectations from the settlement, the form is designed to ensure that all critical aspects of the separation are covered. Understanding and completing the FM-DivC-100 correctly is the first step toward achieving a resolution that respects the interests of all parties involved.
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
Cause Number:
(The Clerk’s office will fill in the Cause Number and Court Number when you file this form.)
IN THE MATTER OF THE MARRIAGE OF
Petitioner:
Print first, middle and last name of the spouse filing for divorce.
And
Respondent:
Print first, middle and last name of other spouse.
In the ______________
(Court Number)
District Court
County Court at Law
County, Texas
Original Petition for Divorce
Print your answers.
My name is: __________________________________________________________________________.
First
Middle
Last
I am the Petitioner, the person asking for a divorce.
The last three numbers of my driver’s license number are: ___
___
___. My driver’s license was
issued in (State) ________________________.
or
I do not have a driver’s license number.
The last three numbers of my social security number are: ___
___.
I do not have a social security number.
My spouse’s name is: __________________________________________________________________.
My spouse is the Respondent.
1.Discovery Level
The discovery level in this case, if needed, is: (Check one box.)
Level 1. Check here if you and your spouse have less than $50,000 in property.
Level 2. All other couples check here.
2. Legal Notice (Check one box.)
I think my spouse will sign a Waiver of Service (or Answer). Do not send a sheriff, constable, or process server to serve my spouse with a copy of this Petition for Divorce at this time.
I will have a sheriff, constable, process server or clerk serve my spouse with this Petition for Divorce here:
_________________________________________________________________________________.
Street AddressCityStateZip
If this is a work address, name of business: ______________________________________________.
I ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse by “Official Service of Process”). I understand that I will need to pay the fee (or file a Statement of Inability to Afford Payment of Court Costs if I am unable to pay the fee) and arrange for service.
I cannot find my spouse. I ask that my spouse be served by publication. I understand I must file an Affidavit for Citation by Publication and hire a lawyer to serve as attorney ad litem for my spouse.
FM-DivC-100 Original Petition for Divorce [Set C] (Rev. 09-2017)
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3. Jurisdiction
3A.County Residence Requirement
(Check all boxes that apply.)
I have lived in this county for the last 90 days.
My spouse has lived in this county for the last 90 days.
I am serving in the armed forces or other government service outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.
I have accompanied my spouse who is serving in
the armed forces or other government service outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.
Note: You cannot file for divorce in Texas until you or your spouse has lived in the county where you are asking for a divorce for at least the last 90 days and
in Texas for at least the
last six months.
There are special rules for military families and others who are absent from the state due to government service. Get more information at www.TexasLawHelp.org.
3B.Texas Residence Requirement
I have lived in Texas for the last six months.
My spouse has lived in Texas for the last six months.
I am serving in the armed forces or other government service outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
I have accompanied my spouse who is serving in the armed forces or other government service outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
3C.Personal Jurisdiction over Spouse
(Check one box.)
My spouse lives in Texas.
My spouse does not live in Texas.
(If your spouse does not live in Texas, check any boxes that apply below.)
My spouse agrees that a Texas court can make orders in this divorce, including orders dividing our property and debts. My spouse will file a Waiver of Service (or Answer).
Texas is the last state where we lived together as a married couple. This Petition for Divorce is filed less than two years after we separated.
4. Dates of Marriage and Separation
My spouse and I got married on or about: __________________________________________________.
MonthDayYear
We stopped living together as spouses on or about: __________________________________________.
Month
Day
Year
5. Grounds for Divorce
I ask the Court to grant me a divorce. The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
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6. Children Together
My spouse and I do have children together who are under the age of 18 or still in high school. All of our children who are under the age of 18 or still in high school are listed below. However, there is a final court order for custody (conservatorship), visitation, child support and medical support of all the children listed below and I am not asking to change that order at this time.
The order was made in ____________________________ County and ____________________ State.
The cause number for the order is __________________________________.
I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce.
Child’s name
Age
Date of Birth
Sex
1.
2.
3.
4.
5.
6.
Note: Do not use this form if you have a court order about your children but:
1)the order does not include all the children you and your spouse have together, or
2)the order is a temporary order, or
3)you are asking the court to make changes to the order.
If one of these situations applies, you must ask a lawyer to draft the appropriate form for your case.
7. Is the Wife Pregnant?
The wife in this marriage is not pregnant.
The wife in this marriage is pregnant. I understand that I cannot finish the divorce until after the child is born.
(If the wife is pregnant, also check one box below.)
The husband is the father of this child. I ask the court to include orders for custody, visitation, child support and medical support for the child in the Final Decree of Divorce.
The husband is not the father of this child. I understand that paternity of the child must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)
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8. Did the Wife have a Child with Another Man while Married to the Husband?
(Check one box. Fill in the requested information, if applicable.)
The wife did not have a child with another man while married to the husband.
The wife did have a child with another man while married to the husband. All of the children born during the marriage that are not the husband’s adopted or biological children are named below:
(If the wife had a child or children with another man during the marriage, check one box below,)
Paternity of the child/ren named above has not been established. I understand that paternity of the child/ren must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)
Paternity of the child/ren named above has been established:
A court order has established that another man is the biological father and/or the Husband is not the biological father of the child/ren listed above. I understand I must attach a file-stamped copy of the court order to my Final Decree of Divorce.
An Acknowledgement of Paternity was signed by the biological father and a Denial of Paternity was signed by the Husband for the child/ren listed above. I understand I must attach a copy of these documents to my Final Decree of Divorce.
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9.Protective Order Statement (Check the appropriate boxes below. Fill in the requested information.)
Note: You must provide information about any protective order or pending application for protective order
involving you and your spouse or a child of either you or your spouse. This includes information about any: (1) family violence protective order, (2) sexual assault, sexual abuse, trafficking or stalking protective order and/or
(3) emergency protective order issued after an arrest.
You must also attach to this petition a copy of any protective order (even if it’s expired) in which one spouse or child of either spouse was the applicant or victim and the other spouse was the respondent or defendant.
9A. No Protective Order
I do not have a protective order against my spouse and I have not asked for one.
My spouse does not have a protective order against me and has not asked for one.
9B. Pending Protective Order
I have filed paperwork at the courthouse asking for a protective order against my spouse, but a judge has not decided if I should get it. I asked for a protective order on ____________________
Date Filed
in ______________ County, ___________. The cause number is _________________________.
County
State
Cause Number
If I get a protective order, I will file a copy of it before any hearings in this divorce.
My spouse has filed paperwork asking for a protective order against me, but a judge has not decided if my spouse will get it. My spouse asked for a protective order on _________________
in _______________ County, ___________. The cause number is ________________________.
If my spouse gets a protective order, I will file a copy of it before any hearings in this divorce.
9C. Protective Order in Place
I do have a protective order against my spouse. I got the protective order in
____________________________ County, ______________________ on _________________.
CountyStateDate Ordered
The cause number for the protective order is _________________________________________.
Either I have attached a copy of the protective order to this petition or I will file a copy of it with the court before any hearings in this divorce.
My spouse does have a protective order against me. The protective order was made in
_____________________________ County, _____________________ on __________________.
The cause number for the protective order is __________________________________________.
10. Waiver of Waiting Period Based on Family Violence (Check only if applicable.)
I ask the Court to waive the 60-day waiting period for divorce because: (Check one box.)
My spouse has been convicted of or received deferred adjudication for a crime involving family violence against me or a member of my household.
I have an active protective order or an active magistrate’s order for emergency protection against my spouse because of family violence during our marriage. The order includes a finding that my spouse committed family violence.
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11. Property and Debt
Note: It is important to talk with lawyer if you or your spouse has a house, land, business, retirement funds, other valuable property or debt. Getting advice from a lawyer now can save you time and money in the long run.
About community property: Texas is a community property state. This means that any new property that either spouse gets from the minute they are married until the minute the judge grants the divorce is probably community property, even if the property is only in one spouse’s name.
About separate property: Property owned by a spouse before the marriage is that spouse’s separate property. In addition, if either spouse receives a gift, an inheritance, or a recovery for personal injuries that occurred during the marriage (not including a recovery for lost wages or medical expenses); it is that spouse’s separate property. There are exceptions to these general rules. If you have questions talk to a lawyer.
About retirement: Retirement funds (such as 401k, pension, profit sharing, stock option plans and IRAs) earned by either spouse during the marriage are usually considered to be community property that can be divided by the court. This is true even if you or your spouse has not yet retired. If you want the Court to divide retirement funds (other than an IRA), you will need to have the Court sign an additional form, usually called a “Qualified Domestic Relations Order” (QDRO), to make the division effective. You should have the QDRO prepared before you go to court, so the judge can sign it when you finish your divorce. A QDRO form is not included with this divorce set. You may be able to get a sample QDRO form from the employer or retirement fund administrator. If not, you should hire a lawyer to draft the QDRO form. If you use the employer or retirement fund administrator’s QDRO form, you should still have a lawyer review it to make sure you are not giving up important benefits. Note: If you and your spouse plan to keep your own retirement funds or do not have retirement funds, you do not need a QDRO.
About debt: A creditor’s right to collect a debt is not affected by a divorce decree. So, if the Court orders your spouse to pay a debt (such as a mortgage) that is in both of your names but your spouse doesn’t pay it, the creditor can still seek payment from you. Ask a lawyer how to protect yourself in this situation.
11A. Community Property and Debt
If my spouse and I can agree about how to divide the property and debts we got during our marriage, I ask the Court to approve our agreement. If we cannot agree, I ask the Court to divide our community property and debts according to Texas law.
11B. Separate Property
I own the following separate property. I owned this property before I was married or I received this property as a gift or inheritance during my marriage or I received this property as recovery for personal injuries that occurred during the marriage (not including any recovery for lost wages or medical expenses). I ask the Court to confirm this property as my separate property.
(Fill in all lines. If you have no property to list in a particular category, write “none.”)
House or land located ___________________________________________________________________
Street Address
City
Zip
Cars, trucks, motorcycles or other vehicles
Make
Model
Vehicle Identification No. [VIN]-
Other money or personal property I owned before I was married, received as a gift or inheritance during my marriage or property I purchased during my marriage with separate property funds:
Money I received as recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses:
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12. Name Change
Note: You cannot use this form to change your name to anything other
than a name you used before you got married.
I am NOT asking the Court to change my name.
I ask the Court to change my name back to a name I used before my marriage. I am not asking the court to change my name to avoid criminal prosecution or creditors. I ask that my name be changed to:
13. Request for Judgment
I ask the Court to grant my divorce. I also ask the Court to make the other orders I have asked for in this Petition and any other orders to which I am entitled.
Petitioner’s NameDate
Petitioner’s Signature
Phone
Mailing Address
Fax #
Email Address:
(if any)
I understand that I must notify the Court and my spouse’s attorney (or my spouse if my spouse does not have an attorney) in writing if my mailing address or email address changes during these divorce proceedings. If I don’t, any notices about this case including the dates and times of hearings will be sent to me at the mailing address or email address above.
Note: For a referral to a lawyer call your local lawyer referral service
or the State Bar of Texas Lawyer Referral Information Service at 1-800-252-9690.
For information about free and low-cost legal help in your county go to www.TexasLawHelp.org
or call the Legal Aid office serving your area:
Legal Aid of Northwest Texas 1-888-529-5277 (serves Dallas / Ft. Worth area & Northwest Texas)
Lone Star Legal Aid 1-800-733-8394 (serves Houston area & East Texas)
Texas Rio Grande Legal Aid 1-888-988-9996 (serves Austin / San Antonio area, El Paso area & South Texas)
If you have been the victim of family violence, or if at any time you feel unsafe, get help by calling the:
National Domestic Violence Hotline at 1-800-799-SAFE (7233) or
Texas Family Violence Legal Line at 1-800-374-HOPE (4673) or
Advocates for Victims of Crime (AVOICE): at 1-888-343-4414.
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Filing for divorce is a significant step that requires careful preparation and attention to detail. The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C is a form used to start the divorce process in the state of Texas. Completing this form accurately is crucial for ensuring the process goes smoothly and your rights are protected. Here are the steps needed to fill out this form. It's important to gather all necessary information before beginning to ensure that the information provided is accurate and complete.
Once the form is filled out completely, review it to ensure all information is accurate and no sections have been missed. The next step involves filing the form with the appropriate county court. This usually requires submitting the form in person or by mail, along with any required filing fees. After the form is filed, you will need to serve your spouse with the divorce papers, following the guidelines provided by the Texas court system. Understanding and navigating the process of filing for divorce can be complex; consulting with a legal professional can provide valuable guidance and support.
What is the FM-DivC-100 Original Petition for Divorce Set C form?
This form is used to initiate the process of obtaining a divorce in the state of Texas. It's a document where the person filing for divorce (the petitioner) provides essential information about their marriage, themselves, their spouse, and outlines what they are seeking from the divorce proceedings.
Where can I find the FM-DivC-100 form?
The form can be downloaded from the Texas Law Help website. It is available for free and can be filled out either by hand or on a computer, depending on your preference.
Who needs to file the FM-DivC-100 form?
Any individual seeking a divorce in the state of Texas, who meets the residency requirements and has decided on the need for a formal dissolution of their marriage, needs to file this form. It's the initial step to get the legal process started.
How do I fill out the form?
The form requires you to provide personal information about yourself and your spouse, details about your marriage, any children involved, and your specific requests regarding property division, child custody, and other matters. Accuracy and honesty are important when filling out the form to ensure a smooth legal process.
What do I do after filling out the form?
Once the form is filled out, it must be filed with the district court in the county where either you or your spouse meets the residency requirements. Filing fees are typically required, though waivers are available for individuals who cannot afford them.
Are there any residency requirements for filing the FM-DivC-100 form?
Yes, either the petitioner or the respondent must have been a resident of Texas for at least six months prior to filing, and a resident of the county where the divorce is being filed for at least 90 days.
Can I file for divorce using the FM-DivC-100 form if I have children?
Yes, if you have children with your spouse, you can use this form to address issues of child custody, visitation, and child support as part of the divorce proceedings. Ensure all sections related to children are completed in detail to facilitate the process.
What is the next step after submitting the FM-DivC-100 form to the court?
After the form is filed, the court will process your petition. You must then serve your spouse with the divorce papers unless they waive service. Following this, there may be a waiting period, negotiation of terms, mediation, or a trial, depending on your situation and whether the divorce is contested or uncontested.
When navigating the intricacies of filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, individuals often encounter a set of common missteps that can complicate the divorce process. One major error arises from inaccurately listing marital assets and debts. The division of property is a critical aspect of divorce proceedings, and any errors in disclosing assets or debts can lead to unfair settlements. Participants must meticulously detail all shared and individual assets and liabilities to ensure a fair division. Additionally, failing to provide precise information might prolong the divorce process or, worse, result in legal penalties for hiding assets.
Another mistake involves incorrectly identifying the grounds for divorce. Texas law recognizes both fault and no-fault divorce grounds, and the chosen grounds can significantly affect the divorce process, including asset division and spousal support. Selecting the wrong grounds or not specifying them clearly can lead to unnecessary complications or delays. It is imperative to understand the differences between these grounds and reflect the true reason for the dissolution of marriage in the document.
Furthermore, misunderstanding the instructions related to the waiver of service is a common area of confusion. Some individuals may inadvertently believe that if their spouse agrees to the divorce, there's no need for formal service of the divorce petition. However, Texas law requires proper notification to the other party through legal service methods unless a waiver is signed and filed. Missteps in this area can delay proceedings until proper service is fulfilled, emphasizing the importance of closely following the required steps for notifying the spouse.
Finally, a significant oversight is neglecting to address custody, visitation, and child support details comprehensively if children are involved. Often, parties might fill out the petition without considering the full scope of custody arrangements, support obligations, and how visitation schedules will realistically work. Such omissions or vague descriptions can lead to protracted legal battles or future modifications, which could have been mitigated by detailing a comprehensive parenting plan within the document. Therefore, it's crucial to approach this section with the seriousness it demands, focusing on the best interests of the children involved.
Overall, accurately completing the FM-DivC-100 Original Petition for Divorce Set C form requires attention to detail and a clear understanding of Texas divorce laws. By avoiding these common errors, individuals can help ensure their divorce process is as smooth and straightforward as possible.
When individuals start the process of divorce in Texas, the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a critical document to file. However, this form is often just the beginning of a series of legal documents necessary to navigate the process effectively. Alongside this form, several others play vital roles in ensuring the divorce proceedings are thorough and comply with Texas law.
Together, these documents form a comprehensive package that addresses the legal, financial, and emotional aspects of a divorce. Ensuring that each form is accurately completed and submitted within required timelines is essential for a smooth process and fair resolution. Individuals are often encouraged to seek legal advice to navigate this complex process effectively.
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form shares similarities with the Statement of Irretrievable Breakdown in jurisdictions that require this form for no-fault divorces. Just like the Original Petition for Divorce, the Statement of Irretrievable Breakdown serves as an official statement to the court that the marriage has ended beyond repair and that there is no chance for reconciliation. Both documents initiate the legal process for ending a marriage and set the stage for discussions on division of assets, child custody, and other related matters.
Another document similar to the Original Petition for Divorce Set C is the Petition for Legal Separation found in some states. This document, like the Texas divorce petition, is filed by one spouse and outlines the desire to legally separate, detailing similar issues such as asset division, child support, and alimony. The primary difference lies in the intended outcome—legal separation instead of divorce—yet both serve to officially recognize issues within the marriage through the court system.
The Texas Original Petition for Divorce can also be compared to the Civil Complaint for Divorce document used in certain jurisdictions. Both serve the purpose of notifying the court and the other spouse of the desire to terminate the marriage. They include basic information about both parties, grounds for divorce, and requests for any relief, such as property division, child custody arrangements, and financial support. The Civil Complaint, like the Petition, is the starting point for the legal process of dissolving the marriage.
The Confidential Petition Addendum is another document that accompanies divorce filings in states that require additional personal information to be filed with the court. Similar to the FM-DivC-100 form, it collects data necessary for processing the divorce, but focuses on more sensitive details such as Social Security numbers, financial accounts, and the presence of domestic violence or child abuse. Both documents are crucial for ensuring that the court has all the information needed to properly handle the divorce proceedings.
Similar in purpose to the Original Petition for Divorce Set C is the Notice of Petition for Divorce, which is used in some jurisdictions to officially inform the other spouse that a divorce action has been filed. This document, while primarily focused on notification, shares the underlying goal of the Texas petition by setting the divorce process in motion. Through this notice, the respondent is made aware of the legal actions being taken and is given the opportunity to respond.
The Marital Settlement Agreement is a document that is often filed along with or after the Original Petition for Divorce. Though not a petition by nature, it closely relates to the process initiated by the FM-DivC-100 form by outlining the agreed-upon terms between the spouses regarding assets, debts, child custody, and support. This document is a natural progression from the divorce petition, moving the process forward towards a resolution that is acceptable to both parties.
Embarking on the journey of filing for divorce can seem daunting, especially when it comes to legal documentation. In Texas, one of the key forms you will encounter is the FM-DivC-100 Original Petition for Divorce Set C, provided by Texas Law Help. To navigate this process smoothly, here are nine essential dos and don’ts to keep in mind:
Filling out the FM-DivC-100 Original Petition for Divorce Set C form is a significant step in seeking a divorce in Texas. By following these dos and don’ts, individuals can navigate this process more effectively and with greater confidence, ensuring they meet legal requirements and safeguard their rights and interests.
When navigating through the complexities of divorce, particularly in Texas, it's crucial to understand the nuances of the legal forms involved. The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is pivotal but often misunderstood. Below are common misconceptions associated with this document, clarifying its purpose and importance.
It's only for couples with children. A common misconception is that the FM-DivC-100 form is strictly for divorcing couples who have children. In reality, this form can be utilized by any couple seeking a divorce in Texas, regardless of whether they have children.
Filling out the form immediately starts the divorce process. Simply completing the form does not initiate the divorce procedure. The form must be filed with the appropriate Texas court, and certain procedural steps must be followed to officially begin the process.
Both parties must agree for the form to be valid. While mutual agreement can simplify the divorce process, only one party needs to fill out and submit the FM-DivC-100 form to start the divorce proceedings.
You need a lawyer to complete the form. Although legal guidance can be invaluable, especially in complex cases, individuals can fill out and file the form themselves. Texas Law Help and other resources provide guidance for those who choose to proceed without an attorney.
The form covers all aspects of a divorce settlement. The FM-DivC-100 form initiates the divorce process but does not cover all the details of the divorce settlement, such as asset division, child support, and custody arrangements. These details are typically worked out later in the process.
There's a fee to access the form. The FM-DivC-100 form is freely accessible through Texas Law Help and other authorized resources. However, filing the form with the court usually requires a fee.
Completion of the form guarantees a court date. Filing the form is an essential first step, but it does not guarantee an immediate court date. The divorce process involves several steps, and scheduling varies based on the court's caseload and specific case issues.
Personal legal information is required for the form. While the form does require some personal information, it mainly focuses on basic details about the marriage and the grounds for divorce. Sensitive legal information, such as social security numbers, is not required.
The form dictates the final divorce decree. The FM-DivC-100 form is the starting point for divorce proceedings, not the final word. The divorce decree, which finalizes the terms of the divorce, is a separate document issued by the court after all the case's complexities have been resolved.
Understanding the real purpose and requirements of the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form can significantly smooth out the initial steps of the divorce process, setting a clearer path for the challenging journey ahead.
Filing for divorce is a significant step that involves careful preparation and understanding of legal documents. One such document is the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form. Here are key takeaways to consider while filling out and using this form:
Filling out the FM-DivC-100 Original Petition for Divorce Set C form is the first step in formally beginning the divorce process in Texas. Giving this task the attention and seriousness it deserves can help ensure a smoother process for everyone involved.
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