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Spouse to pay for attorney fees

If a spouse does not qualify for a full or partial award of attorney's, there is still another option to make paying divorce attorney's fees feasible. A spouse can petition the court to receive an advance on their portion of equitable distribution in the beginning of a divorce case to pay for attorney's fees For the court to order your spouse to pay your attorney's fees, you must prove 1) you're a dependent spouse; 2) you're entitled to alimony or post-separation support; and 3) you lack sufficient means to defray the costs of litigation Essentially, the court can order the spouse in a superior financial position to pay a contribution toward the attorney fees of the other spouse. In considering the relative circumstances of the parties the court considers their respective incomes and expenses, as well as their cash available to pay counsel To a lesser extent the court might order a spouse with substantial separate property to pay the other spouse's attorney fees. Conversely, the court is less likely to award fees to a spouse if he or she has significant separate property, especially liquid assets. Difficulty & Value of the Case There are circumstances in which a court in Arizona will order your spouse to pay some or all of your attorney fees. Understanding this option can help make your divorce more affordable and make it easier to seek legal counsel. In Arizona there are two situations in which the court may order your spouse to pay out for your attorney fees

The purpose behind an award of legal fees is to ensure each party has the ability to retain competent counsel, and prevent a spouse from gaining an unfair advantage merely because he/she can afford to pay more You can petition your spouse to pay your attorney fees if: You are a dependent spouse, such as a stay-at-home-parent, with little or no income. In North Carolina, a spouse that qualifies as dependent and is entitled to alimony or other post-separation support may be eligible to have their legal fees paid by the supporting spouse A court by statute may order one spouse to be responsible for some or all of the attorney fees incurred by the other spouse. The fees must be reasonable, and the court must consider the ability of each party to pay attorney's fees and the conduct of the parties during the marriage and during the litigation Even if one spouse doesn't have the ability to access the funds that are necessary to pay for an attorney it is possible for a Court to order one spouse to pay the other's retainer fee for an attorney. This is typically done in circumstances that border on the extreme- where the family finances are completely out of whack and one sided If the spouses have similar income or the one with less income will end up with substantial marital assets after the divorce, each spouse will likely be required to pay his or her own attorney fees. Whether each spouse is acting in good faith during the divorce process

If your having to pay for an attorney would put you in a significant financial bind then attorney's fees may be awarded on an interim basis. Finally, if your spouse has hired an attorney and it is likely that you have a complicated, lengthy divorce in front of you then it is even more likely that you could be awarded interim attorney's fees. In Pennsylvania, requests for attorney fees are typically made near the end of the case so that the amount a spouse would have to pay is generally known and the behavior of the parties can be assessed. If fees will not be reviewed until the end, the spouse requesting the order will have to pay in hopes of receiving reimbursement later See, e.g., Amburn v. Amburn (wife did not dissipate assets by borrowing money in parties' joint names to pay attorney's fees, and debt was properly treated as joint marital obligation). If the court treats a debt incurred to pay attorney's fees as a marital debt, it cannot then make a separate award for those same attorney's fees Any Texas resident is entitled to file for divorce; forcing the filing party to pay the other spouse's attorney fees as punishment is not typically an attainable goal. That is not to say obtaining attorney fees is unattainable, but it is not automatic. Texas Considers Community Assets & Debt

Can I Make My Spouse Pay My Attorney's Fees in Our Divorce

The spouse can be ordered to pay an interim attorney fee amount and also be authorized to incur debt in order to pay this amount. This can include traditional loans from a financial institution, loans against 401(k) accounts, loans secured by nonliquid property, and cash advances against a credit card There are several types of situations when a judge can order one side to pay the other side's lawyer's fees. In divorces or legal separations, a spouse or domestic partner can make that request in court from the very beginning of the case Spouse A demonstrates that he/she cannot afford the same type of representation that Spouse B can. The court will then determine if Spouse B has the ability to pay (or help pay for) Spouse A's attorney's fees and related costs. Spouse B recently started a new relationship with a very wealthy doctor

Can My Spouse Pay My Attorney's Fees? - Raleigh Divorce

  1. An award of temporary attorney fees may be granted if one spouse has no ability to pay an attorney and the other spouse has significantly more financial resources. In making their decision, the judge would consider how complex the case was, the disparity in the parties' income, and other assets that could be used to pay attorney fees
  2. There's no guarantee that 100% of the fees for the other spouse would be covered by this order. The court's goal isn't to put the party out financially, so it would be a case by case scenario. Your best bet to is schedule a consultation with an experienced family law attorney to assess specifics associated with your situation
  3. ing the need of one spouse against the ability to pay of the other spouse in awarding attorney's fees to a spouse. The complexity and number of issues in the case; i.e. Children, Child Support, Alimony, Asset and/or business valuation
  4. ority of Florida courts may award attorney's fees if they find there is a relative need - that is, where one party is in an inferior financial position compared to the other spouse. The majority of courts, however, look for the party requesting the fees to have a demonstrable, actual need for the fees

Do I Have To Pay My Spouse's Attorney Fees

  1. 3. Paying for your own legal help with credit or a loan: If your parents, for example, are gifting you money to pay fees, your income is available to pay your spouse's fees. However, if you will likely have to pay back a 'loan', that is a considerable hardship that will be taken into consideration. 4
  2. A spouse may seek attorneys fees against his or her spouse based on the requesting spouse's need and the other spouse's ability to pay. Such attorney fee requests are most common when there is a disparity and access to money for representation
  3. However, there are circumstances where a family court judge may order a spouse to pay the for the other spouse's attorney fees and costs. In a divorce or legal separation, a spouse can make a request for lawyer's fees in the family court from the beginning of the case
  4. Family Code sections 2030 states that each party shall have equal access to legal representation in a divorce, legal separation and annulment proceeding, and this means that one spouse may be required to pay the attorney fees of the other spouse
  5. Attorney's fees can present an even greater challenge if you were the dependent spouse during your marriage. As you are starting your new life, and potentially a new job, you may wonder how you will pay your ever-mounting legal bills. But, don't fret! You may not have to pay your own attorneys fees related to custody and child support
  6. The second circumstance where the court will sometimes make a spouse pay attorney fees is when a party has behaved poorly during the course of a divorce. These fees are generally awarded after the case is complete, when a party applies to the court under ORCP 68 (note that the rules for ORCP 68 have timelines and procedures that must be.

Will My Spouse Have to Pay My Divorce Attorney's Fees

  1. Expert Divorce & Family Legal Representation. Get In Touch For A Callback Today! Our Team Of Divorce Solicitors Have Extensive Knowledge Across All Areas Of Divorce La
  2. The party that is required to pay the other spouse's attorney's fees still has to pay the attorney's fees of his or her own attorney. In the context of divorce, this means that one individual will be given a hefty fee, and, therefore, the court will not assign fees lightly. Second, the court must look at the behaviors of the spouses
  3. Marriage of Melone (1987) 193 CA3d 757, 765. In other words, although a spouse may not be entitled to another spouse's separate property, such separate property can be tapped for attorney fees. Family Code 271 sanction
  4. In most states, family court judges are at liberty to order one spouse to cater for the other spouse's divorce attorney fees if there is a relatively large income gap between them. In such cases, the judge will order the high-earning spouse to cover some or all of the lower-earning /non-earning spouse's legal fees

Getting Your Spouse to Pay Your Attorney Fees - The

When The Other Spouse Has To Pay For Your Attorney's Fees

Who Pays the Legal Fees in a Divorce? Attorney's Fees

A court can sometimes act in the interest of justice and fairness to require one side to pay the attorneys' fees. U.S. courts have significant discretion when it comes to the awarding of attorneys' fees, and while judges do not generally like departing from the American Rule, they might require a losing side to pay the other's attorneys' fees in certain limited situations Your spouse can afford your attorney fees DO NOT use this packet if your case is not a divorce. What is a Motion for Attorney Fees? Washington state law says that when one spouse in a divorce case is indigent (has a low income), the Court may (does not have to) order the other to pay attorney fees. R.C.W. 26.09.140 You can't get your spouse to pay for your attorney's fees because they cheated on you. California is a no-fault divorce state, so the court does not consider who is responsible for the dissolution of marriage when making its decisions. This includes decisions regarding the payment of attorney's fees

When Can I Get My Ex To Pay My Attorney Fees? MO Divorce

Most divorce attorneys in New York City require a retainer fee, which can range from a few thousand dollars up to $50,000, depending on the lawyer or law firm you hire and the facts of your case. In New York, there is a statutory rule that the monied spouse will pay the interim attorney's fees for the less monied spouse In the first case, a spouse who demonstrates a financial need for assistance can request attorney's fees under Family Code Section 2030. If a court determines that the petitioning spouse has a financial need for assistance and the non-petitioning spouse has the ability to pay for attorney's fees, it can order such an award In Pennsylvania divorce and equitable distribution cases, Pennsylvania family court judges have the power to order one spouse to pay the other spouse's attorneys' fees. The basis for such cost-shifting is a substantial difference in the income or property that each party has available for their use in employing a PA divorce lawyer attempting to get an ex-spouse to pay past-due alimony. Personal Legal Fees You Can Deduct. Personal attorney fees are deductible in a few types of cases. Employment Discrimination Cases. You may deduct 100% of the attorney fees you incur as a plaintiff in certain types of employment-related claims The Court may order one spouse to advance the other spouse's attorney fees at the outset of the divorce. Alternatively, the court may order reimbursement of one spouse's attorney fees by the other spouse during the proceeding or after the divorce is concluded. Attorney fee awards in civil family actions are governed by Court Rule 5:3-5

How Can I Get My Spouse to Pay My Attorney's Fees in a

Can One Spouse Be Required to Pay the Other Spouse's

In California, however, courts have a relatively liberal policy towards ordering a spouse with greater financial assets to pay attorney's fees to the other spouse. Such attorney's fees can be awarded at any point in the divorce process, including in a pre-trial RFO (Request for Order) hearing or at the trial itself Either spouse can file a motion for attorneys' fees and costs at any time during the divorce proceedings, and the courts can augment or modify awards for attorneys' fees and costs through and after the conclusion of any divorce-related appeals

Can your spouse pay for your attorney's fees in a Texas

Will I Have to Pay My Spouse's Attorney Fees in Divorce? When it comes to attorney fees in general, Michigan courts follow the American Rule. That means that each party is responsible for paying for his, her or its own fees and costs regardless of whether or not that party has less economic means to afford it or whether that party wins or loses Under New York law, the spouse who has more income and/or resources (the monied spouse) is required to assist the less-monied spouse with their counsel fees. This is in order to level the playing field so that the spouse with more funds can't take advantage of the situation by paying for expensive attorneys while the less-monied spouse. A court may award you legal fees based upon your financial situation relative to the other spouse. To qualify, you must show that you: Are a dependent spouse, meaning you substantially depended upon your former spouse for support; Do not have the means to pay your legal fees; and; Qualify for alimony or other post-divorce spousal support as Wife has sufficient resources to meet her needs, Husband need not pay Wife's attorney fees, even if he has more money at his disposal with which to pay his own fees and will have more money to spare than will Wife. Simply put, if Wife has no need for assistance, attorney fees may not be awarded under section 30-3-3(1)

If a contested divorce case proceeds to trial and your spouse hires an attorney, you could be responsible for his legal fees and other costs related to the trial under certain circumstances. For example, if you earn far more than your spouse, a judge might order you to pay for his lawyer to assure he has equal representation However, the cost of a mediator (anywhere from $500-$1000 per session) may drastically reduce your overall legal fees if you and your spouse settle your divorce without going to trial. Despite feeling like legal fees are out of your control, you and your spouse can work together throughout the divorce process to maintain control over what you pay If both spouses are equally able to pay attorney's fees, then the court will not order one spouse to pay the other spouse's fees. Avoid Running Up Unnecessary Attorney's Fees. Furthermore, if one spouse refuses all reasonable settlement proposals in favor of fully litigating the divorce case, the court may not be so quick to order the. At the end of your divorce, your spouse may request that you pay his or her attorney's fees. Many times, this can be a significant sum of money, particularly if you were not anticipating having to cover your former spouse's attorney's fees It's possible that your husband could pay your legal fees, but it's probably not very likely. I'm sure we've all heard of women whose husbands did pay their legal fees; in fact, I hear that as the main reason why a husband should pay for legal fees. But my friend's husband paid for hers is a pretty constant refrain

In response to the first issue presented in this case, the court stated that generally, retirement plans are protected from judgment (including judgments for attorney fees) by the Illinois Code of Civil Procedure; and a spouse cannot be forced to liquidate a non-marital retirement account to pay interim attorney fees in a divorce. The court. The requesting spouse's ability to earn a living in line with the standard of living enjoyed during the marriage; How much the requesting spouse contributed to the other spouse's education or training ; The ability of the other spouse to pay attorney's fees; The financial needs of each spouse; The total financial assets and income of each. A judge may agree that the playing field needs to be leveled, and could require your spouse to pay for your attorney. In some cases a prenuptial or postnuptial agreement could have a provision in place which awards attorney fees to one partner or the other—generally the lower-income spouse One spouse may pay the attorney fees of the other spouse in a divorce One Time v. Repeated Players o Most D's that are continuously sued have advantages over D's that are only sued one time b/c they can spread the loss of litigation over to consumers - however, it would be catastrophic for a one time D to have to pay attorney fees NOTE 4: The principal concern has been with the litigant.

Can My Spouse Be Required To Pay My Attorney Fees? Media

Judges are now required to consider two new layers in evaluating whether to order one party to contribute attorney fees to the other, or to make money otherwise available for that purpose: Whether there is a disparity in access to funds to retain counsel that justifies an order to help the out spouse, and a public policy that attorney fees. The statute which authorizes a spouse to pay your attorney fees is Michigan Court Rule (MCR) MCR 3.206(C) which authorize a party to request attorney fees and expenses be paid by another party. The Court Rule provides that a party may, at any time: . . . request that the court order the other party to pay all or part of the attorney.

Divorce Source: SPENDING MARITAL FUNDS FOR ATTORNEY'S FEE

At that time the court or the attorneys of record will reset the Borson motion for hearing before the court unless the ex-spouse agrees to pay the fees. 3. If not notified by the court or attorneys, the attorney will file a Notice to Reset the motion and get a hearing date on the Borson Motion A spouse can file a motion asking the court to order the bread winner to pay their legal fees. The court will evaluate the financial situation of both parties and decide accordingly. Usually ordering attorney fees and living expenses. The leading case in this situation is Sergeant v. Sergeant Although Courts cannot punish a party for an extra-marital affair, it has been my experience that judges tend to award attorney fees to the innocent spouse, if the cheating spouse has the ability. Can the court order my spouse to pay legal fees at the beginning of my case? The court can, and sometimes does order one side to provide a retainer and expenses for experts to the other side. ORS 107.095 authorizes the court, at a hearing after a divorce filing, to order one side to pay a lump sum towards future attorney fees and costs to allow. One spouse of often ordered to pay the attorney fees of the other spouse in a divorce. In some cases, this obligation to pay the involved attorneys fees is dischargeable in bankruptcy. This is one of the many issues presented in the application of bankruptcy law to obligations of alimony, child support, and marital settlement agreements

Legal fees paid to the attorney of the taxpayer's spouse are not tax-deductible unless the fees are structured as alimony. Paying the legal fees as alimony also avoids the 2% AGI limitation and the requirement that fees were related to the production of income or tax advice Spouse & Fiance Visa Cost Attorney fees for filing a K-1 Visa Petition for the fiance of a U.S. Citizen is around $725 with the USCIS fees costing $535. Typical processing time is 7 to 10 months. Attorney fees for filing a CR-1 Petition for the Spouse of a U.S. Citizen or Green Card holder averages $725 with the USCIS fees costing $535 pay for my attorney's fees and costs in this legal proceeding as follows: 3. The requested amount includes (check all that apply): 5. Along with this Request form, you must complete, file and serve: A current Income and Expense Declaration (form FL-150). It is considered current if you have completed form FL-150 withi Since the client is only obliged to pay the portion of the attorney's fee that is reasonable, a lawyer cannot cease representing a client because of a client's refusal to pay an unreasonable or excessive fee. Of course, if you believe you have been overbilled, you may wish to fire your attorney, or the relationship may be soured on both. The most common reason why a judge would order one spouse to pay the other's fees is in situation where one spouse is significantly better off than the other. If one spouse doesn't work or earns much less money than the other, for example, his or her former partner could be ordered to pay his or her legal fees

Can I Ask My Spouse to Pay Attorney Fees in a Divorce

Lastly, if you would like your spouse to pay for your attorney's fees, then be on your best behavior. Extra points will be gained if you act fairly and quickly, but your spouse does not. Judges are quite irked when proceedings are drawn out unnecessarily, and someone usually pays the price for making a judge angry Keep in mind, however, that the employer may require that the H-1B employee pay the attorney fees associated with filing an application for an H-4 dependent, which may be a spouse or child If you can afford an attorney and need to file for divorce, it is unlikely the court will make the other spouse pay for your attorney fees. However, if you need to file for divorce but can't afford an attorney, you may be able to hire the attorney you want and have the other spouse pay for him/her A court must ensure that each spouse in the divorce action has access to legal representation, including access early in the divorce. To do so, the court may under family code 2030 order one party to pay the other, or the others' attorney, whatever amount is reasonably necessary for attorney fees and costs during the pendency of the proceeding. In determining who pays attorney fees in. Hiring a lawyer for pieces of your divorce may help reduce legal fees. Request that your spouse pay your legal fees: If your spouse has more money than you, you can request that your spouse pay some or all of your legal fees and costs

First, attorney fees can be awarded when there is financial need on the part of one spouse and there is an ability to pay on the part of the other spouse. Need-based attorney's fees, as they are called, are often awarded when there is a significant income disparity between the parties The judge can even order one spouse to pay for the other's spouse's legal retainer (up-front fee to retain a lawyer) at the beginning of the case. A judge can also order a spouse to pay for the expenses of hiring expert witnesses and other litigation support personnel. Find the Right Family Lawyer Hire the right lawyer near your locatio

An order to pay a party's attorney fees may be done on a temporary basis, during the course of the trial or, at the conclusion of the case. The money a spouse is ordered to pay may be directly paid to your attorney, who may then enforce the order against the spouse, or have the money paid directly to you, to then pay your attorney Specifically, a Court may order one party to pay for the other's reasonable attorney's fees if the court finds that a wide disparity exists in the earning capacity of the parties. Such an award can include costs related to all aspects of the case, including discovery and litigation expenses the relative means and property of the spouses. With respect to this last item, a judge may decide that the division of marital property in the divorce itself gives each spouse sufficient means and property to pay their own attorney fees. A qualified Oklahoma family law attorney can explain this concept to you in greater detail

Paying Your Spouse's Attorneys Fees in the Divorce Cook

Many cases hold that a party seeking a contribution to attorney fees must show: (1) an inability to pay; and (2) the ability of the other spouse to pay. Absent such a showing, the Court arguably cannot order one spouse to pay the other's attorney fees. The burden of proof is on the party seeking the attorney fees Sometimes, the court will order one party to pay a portion of the attorney fees incurred by the other party, especially if one party earns more than the other; however, the family court will almost never order one spouse to pay all of the other spouse's fees Pendente Lite Legal Fees While the case is pending, the court may order one spouse to pay the reasonable legal fees of the other spouse. The payment of legal fees at this stage is called pendente lite legal fees The general rule on who pays the legal fees in a divorce is that each person getting divorced will pay their legal costs and the person applying for the divorce (the petitioner) will be responsible for covering the court fee (which is currently £550) and other fees

Asking for Lawyer's Fees and Costs in Family Law Cases

Court can order your spouse to pay a retainer fee for an attorney for you in a divorce case. Chapter 208, section 17 of the General Laws says: The court may require either party to pay into court for the use of the other party during the pendency of the actio Also, in most cases, your spouse will receive a credit for the money you withdraw. Parties generally pay for their own attorney's fees. Therefore, if you withdraw money from a marital asset—your retirement account—it's likely that the court will consider this withdrawal in the overall division of property If the financial bread winner spouse has access to marital bank accounts and the other spouse has no financial resources to hire an attorney to represent her in the divorce proceedings, a judge can order the other party to pay for the spouse's attorneys fees as they are earned, or prospective attorney's fees If the petitioning spouse has a much lower income than the other but has been awarded ample financial resources from the divorce proceedings, the court may deny his/her request for attorney fees. The court must consider non-marital assets when determining an award of attorney fees The judge may require a spouse to pay attorneys fees even if alimony is ultimately not awarded in the case. The judge will make findings of fact explaining the amount of the judge's award of attorneys fees and will identify the statutory basis for the attorneys fees awarded. In Georgia divorce cases, attorneys fees are most often.

The Kentucky legislature has closed a loophole in a statute that required a victim of domestic violence to pay the cost of an attorney for their incarcerated abuser when seeking a divorce. Kentucky law requires a person suing a prisoner to cover the cost of their attorney when the prisoner is considered indigent If you cannot afford to pay legal fees for a divorce, you may request that the judge rule that your spouse cover the costs of your legal fees. If you can prove that your spouse makes significantly more money than you, the judge may approve your request. They may not approve your spouse to pay all of your legal fees, it may only be a portion. File an Application with the Court for Attorneys' Fees. At the onset of a contested litigated divorce, typically one spouse is in a better financial position to pay for his or her attorney's fees than the other spouse. Especially in circumstances wherein one of the spouses is a homemaker and does not have access to a steady paycheck Attorney Fees in a Divorce. In divorce cases, there are 2 situations in which attorney fees may be awarded from one side to the other by statute (Minn. Stat. 518.14). Situation #1 - Need-Based Attorney Fees: This involves showing that one spouse cannot afford to pay for his/her attorney and assert his/her legal rights without help from. Domestic Relations Law 237 DRL 237: Counsel fees and expenses DRL 237 Counsel fees and expenses (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to declare the validity or nullity of a judgment of divorce rendered against a spouse who was the defendant in any action outside the.

You Can Ask the Court to Order Your Spouse to Pay Some or All of Your Attorney's Fees. In Illinois, either party may move for interim attorney's fees and costs while a divorce case is pending. This means that you can ask the Court to make your spouse pay a portion or all of your attorney's fees during the divorce There are some other circumstances in which a court may order the other person to pay the attorney fees for both parties. For instance, if one of the persons refuses to comply with court orders, and generally tries to harass the other spouse or make things difficult during the divorce, the court may order him to pay the other person's.

If Spouse B prevailed at the hearing, Spouse A could be ordered by the court to pay some of Spouse B's attorney's fees as well as sanctions. Excessive Motions If the court has already ruled on a particular issue, filing another motion that essentially rehashes all of the arguments dealt with in the previous ruling is excessive For instance, the court may order one spouse to pay all or a part of the fees and costs of the other spouse. In addition, the court can order a spouse to pay fees to his or her own attorney should a fee dispute arise In Georgia, attorney's fees may be granted in a number of family law cases: alimony, divorce and alimony, or contempt of court arising out of the above cases. OCGA §19-6-2(a). While your spouse may threaten to make you pay his/her attorney's fees in your divorce action,it is certainly not an automatic order in these family law cases § 20-71.1. Attorneys' fees in proceedings under § 20-71. In any proceeding by a spouse petitioning under § 20-71 before the juvenile and domestic relations district court or on appeal before a court of record, to be allowed support for himself or herself or the infant child or children of the defendant, the juvenile and domestic relations district court may direct the defendant, in addition. Will My Spouse Be Ordered to Pay My Legal Fees If Our Divorce Goes to Court? Posted October 6, 2016 By Marina S. Barannik. When a client is deciding whether to take a contested divorce case to court, the financial cost of litigation is often one of the most important considerations in making that decision. As we discuss the pros and cons of.

Family Code Section 2030 Need Based Attorneys Fees

The Respondent would only be required to pay their own attorney fees. The court, at a later date, could require Respondent to pay attorney fees of both if the court found that the Respondent had adquate resources to pay for both and the Petitioner did not have fees or the court could require the parties to pay for attorney fees out of any community property assets that could be liquidated How and when to pay? I begin as soon as you pay a total legal fee of $199. Court costs of $413 ($408 plus $5 service fee) can be paid at any time before the documents are filed. Pay here or mail a check. If you cannot afford to pay the filing fees you can apply for financial assistance when you file. You may be granted full or partial relief. Dr. Dre and Nicole Young's impending divorce moves full steam ahead after a judge reportedly ordered the 56-year-old producer to pay for his estranged wife's legal fees.. On Tuesday (April 27), a. We offer simple flat fees for certain document drafting and transactional work, and we offer reasonable fee structures for all divorce and family law negotiation or litigation representation. Our Attorney Fees. Our process is simple: meet with our attorneys, discuss your case, tell us about you, your case, and your goals

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