Cyber Criminal

When you are contemplating divorce, separation is usually a necessary step to take before proceeding with a settlement. Depending on where you live, divorce laws will determine what you must do before you can file for a divorce from your spouse. Separation allows you the chance to search for a good family law attorney, decide upon any property division, and learn about child custody laws in your state.

Most states expect a couple to be officially separated in order to be granted a divorce. The law in a lot of states specifies that you must be separated from your spouse for a certain amount of time before starting the divorce process. Staying in separate bedrooms in your marital residence is not what the courts intend when they say separation; typically it involves living in completely different residences.

Usually, the decision to separate is mutual and voluntary, but sometimes desertion is a factor. When a spouse leaves with no intent to return, it is called desertion. On the other hand, constructive desertion is when you are forced to leave the relationship, as in cases of domestic violence. You will not be held accountable for desertion in this case because the court will recognize your attempt to protect your children and yourself.

When couples have reached the point of a divorce, separation for an extended period of time has come and gone. All the resources available to couples in a troubled marriage should have been used, including seeking the advice of a marriage counselor or a religious advisor.

Before a divorce proceeding takes place, property division is a necessity. Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult your lawyer.

A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.

You should consult your broker before reissuing your stock in your name. If the previous broker looked after both your and your spouse’s accounts, you may need to search for a new one. To exclude your spouse from a will or a trust that you might have, you will have to change it. The divorce settlement process will run more smoothly if you have all of your documents and changes in writing.

When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process.

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URL theft by a partner or co-owner: We receive calls every week from companies who essentially tell us that an ex-partner or company owner has taken control of their domain registrations and that the now-ex-partner refuses to release the stolen name to the company. Perhaps the name was registered initially in one partner’s name. In some cases, that business owner redirects the domain to another website, essentially putting the online business out of business. More often, the business owner demands some sort or money or other consideration in exchange for the domain name. Essentially, they use the URL as leverage to obtain something they couldn’t achieve in the context of the partnership. This is perhaps the most common example of domain name theft. Domain names stolen in this fashion account for about 25% of the calls and emails we receive in the domain theft area.

URLTheft by Employees: Unfortunately, corporate management is rarely involved in the registration process of their domain names. Registration of domains is often handled by the IT department, and even delegated to lower level web site employees. Because of the high turnover rate at that level, the employee with access to the domain registrant login information ends up leaving the company, taking that information with them. Again, if there is a dispute with the employee, it often turns into a domain name dispute after termination. Once the domain registrant information is stolen, it can be difficult to retrieve.

URL Theft by Vendors: Sometimes, a technology vendor or web site developer uses their own information to register your companies domain name, even going so far as to list their company as the registrant of your trademarks. If a billing dispute arises down the line, the web developer uses the URL as leverage to get paid. Even more common, the web vendor goes out of business and the company doesn’t realize that they have no way of obtaining control of the domain name or even renewing the domain name at the end of the registration period. If a domain name is stolen by the web developer or vendor, you could be in big trouble if the vendor’s company folds, the web developer moves away or you become the target of cyber-extortion.

The words “someone stole my domain name” are words said far too often in our business. Companies must take their intellectual property rights more seriously and protect their intangible assets like they do other tangible property. An ounce of prevention is really worth a pound of cure. Control your registrant login and you will control your domain name from theft.

Mr. Schaefer is a seasoned trial attorney practicing internet, domain and trademark law on a global basis. Mr. Schaefer has first chair trial experience in a wide variety of litigation matters, including class action litigation, internet and domain law, cybersquatting actions, intellectual property, commercial and fiduciary litigation, UDRP and IP licensing. He has represented some of the largest companies in the world in litigation, domain name, trademark and related matters. He is a frequent author and presenter on issues related to protecting business interests in a global internet economy. To find out more about trademark protection, copyright law, cybersquatting and complex litigation, please visit Traverse Legal, PLC or visit our domain name protection blog or cybersquatting blog Article Source: http://EzineArticles.com/?expert=Enrico_Schaefer

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