Questions Answered by William N. Sosis

Q: If im from argentina and live in Argentina but got married in las vegas where should i get divorced????

1 Answer | Asked in Divorce for New Jersey on
Answered on Feb 21, 2019
William N. Sosis' answer
Probably Argentina. But since I'm not familiar with Argentina, be wary that International divorce laws vary. Even within the US, divorce laws can vary between states. You should also consider any jurisdictional issues that may be brought up by your spouse.

Q: Hi my ex wife put a restraining order out on me she lied on the paperwork what can i do

2 Answers | Asked in Domestic Violence and Divorce for New Jersey on
Answered on Feb 12, 2019
William N. Sosis' answer
This is very serious. You only have 10 days before a final restraining order hearing. This gives you incredibly little time. If there's still time left (2-3 days) there's fortunately a legal technique that a knowledgeable attorney can use that gets you more time to defend yourself against any false allegations. But you must quickly contact an attorney who has experience with this. Having a final restraining order entered against you is very ugly. They stay with you until you get them vacated...

Q: Do I have legal claim to goods that were delivered even though I cancelled them?

1 Answer | Asked in Consumer Law for New Jersey on
Answered on Oct 23, 2018
William N. Sosis' answer
If you canceled your order and received a full refund why would you think you're entitled to keep the item? Just imagine if everyone did that. How do you think Amazon and its vendors would revise their return/refund policies? If current online purchasing policies are designed to encourage confidence in buyers, why would you want to destroy the sellers' trust? You should preserve the protections you have from your own indecisiveness or bad decisions. Don't create unnecessary problems for...

Q: can a conditional dismissal be appealed?

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Answered on Oct 22, 2018
William N. Sosis' answer
Appeals from trial court decisions are 'as of right', so most likely yes. But a reliable answer requires that you first speak with an attorney. An attorney will evaluate the specific facts of your case before providing you with the best answer. However, the courts use strict rules and timetables so if you want to appeal act fast and contact an attorney for a no-cost consultation.

Q: There's a court order for parenting time with my kids, I haven't talked to or seen my kids since the end of Fed. 2018.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Oct 15, 2018
William N. Sosis' answer
Children have a right to see both their parents. A custodial parent cannot unilaterally decide to stop the other parent from parenting his children and being part of their lives. Unless your Order prohibits your parenting time or imposes certain restrictions then it's likely your parenting rights have been violated and you need to have the court enforce your rights. You need a family law attorney to review and discuss the matter with you. Contact a family law attorney that will give you a...

Q: How should I proceed with daycare if they have not paid me my deposit?

1 Answer | Asked in Consumer Law for New Jersey on
Answered on Oct 11, 2018
William N. Sosis' answer
This is a contract issue so the matter really depends on the language in your agreement. you've asked them for your deposit and they've unreasonably refused, you can file a lawsuit. The amount they owe you will determine how much you sue for, and how and where to file your lawsuit. But sometimes a single letter from an attorney can resolve the problem. You should contact an attorney for a no-cost consultation.

Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Answered on Oct 11, 2018
William N. Sosis' answer
No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

Q: What can happen to a wife if she purchased house items with her husbands credit info without asking

1 Answer | Asked in Consumer Law and Identity Theft for New Jersey on
Answered on Oct 11, 2018
William N. Sosis' answer
I think your question is more suitable for posting in the Family Law section. Regardless, I think what can happen mostly depends on how much you spent, whether you used a joint credit card, the trust and quality of your marriage, and how your husband feels about it when he finds out. You might otherwise want to contact an attorney for a no-cost consultation.

Q: I want to know when the statute of limitations runs out for me to file a NJ Consumer Fraud suit against a roofing co.

1 Answer | Asked in Consumer Law for New Jersey on
Answered on Oct 11, 2018
William N. Sosis' answer
Consumer-fraud claims (CFA) in New Jersey are subject to the six-year statute of limitations (SOL), N.J.S. 2A:14-1. New Jersey has an excellent law protecting consumers. It allows for triple damages and also pays the attorney fees. Despite the six-year SOL, there are several reasons you shouldn't wait. Contact an attorney who handles CFA claims. And don't pay for a consultation either. Find a CFA attorney who will give you a no-cost consultation.

Q: are legal separations still allowed in nj

3 Answers | Asked in Divorce for New Jersey on
Answered on Jul 26, 2018
William N. Sosis' answer
NJ has what's called "divorce from bed and board." But you should contact an attorney for a free consultation. Depending on what you both want you may be able to do it yourselves or with a little help from an attorney.

Q: Is there an age when a child can decide to no longer have overnight visits with their dad.

1 Answer | Asked in Family Law for New Jersey on
Answered on Jun 25, 2018
William N. Sosis' answer
That's a touchy question. First, New Jersey courts have long-settled the question of non-custodial parents having girlfriends (or boyfriends). Generally, divorce or dissolution doesn't preclude people from moving on with their lives. The touchy part is determining what's actually happening in terms of facts. If you're looking to change custody or parenting time based on things like the sleeping arrangements or the child's preference, you'll need to convince the court that a change is really...

Q: I live in a different state from my child. How can I see my child more her father won't allow her to visit me?

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Jun 25, 2018
William N. Sosis' answer
There's really not enough information to provide you with an adequate answer. However, assuming New Jersey has jurisdiction, you should consult with a family law attorney. The attorney will interview you and gather all the facts necessary and provide you with the best option(s). You'll then be able to decide how to best proceed. You should also know two things: (1) that New Jersey courts will first determine what the best interests of the child are before making a ruling, and (2) children have...

Q: Someone is harassing and cyberstalking me and my family. Torment me and taking me and my family pictures on internet

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Jun 25, 2018
William N. Sosis' answer
You'll need to immediately consult with an attorney. You'll be interviewed and your case will be thoroughly reviewed. An attorney can then file the appropriate papers on your behalf but only after gathering all the necessary facts and evidence. You should contact an attorney willing to give you a free consultation.

Q: In a court decision a defendant is to pay lawyer fees to the plaintiffs atty within 60 days, what if it's not paid?

1 Answer | Asked in Civil Litigation for New Jersey on
Answered on Jun 25, 2018
William N. Sosis' answer
Defendant's non-compliance with a court order permits you to file a motion with the court. The court can now consider you a judgment creditor. The court will make an ability to pay determination if the defendant claims a lack of funds.

Q: How can I stop my son’s mother from taking him to another state?

1 Answer | Asked in Family Law for New Jersey on
Answered on Jun 25, 2018
William N. Sosis' answer
Whether you can actually stop the relocation will depend on several facts. So there's no doubt you should immediately consult with a family law attorney to discuss the facts of your case. There's even a fairly recent New Jersey case addressing the way courts are required to analyze whether a custodial parent should be permitted to relocate a child outside New Jersey. Be sure to look for an attorney that gives free consultations. This will help you decide what's best in your situation.

Q: I have sole custody, can my current husband adopt my kids legally?

1 Answer | Asked in Adoption, Family Law and Child Custody for New Jersey on
Answered on Feb 18, 2018
William N. Sosis' answer
Parental rights are never terminated lightly because it's a constitutional right. However, if you motion the court and show that (1) the biological parent has abandoned his parental obligations and (2) that the best interests of children would be promoted through adoption, then yes. It also helps if your current husband is the children's psychological father. Contact a family law attorney.

Q: What happens if my ex-wife can't afford to pick up our kids from my visit with them?

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Feb 18, 2018
William N. Sosis' answer
You can file for sole custody...but whether your request is granted depends on many factors...such as how a change in custody will affect the children. Your ex-wife might decide to file for a modification of the parenting schedule and/or child support based on changed circumstances. Alternatively, you can both agree to settle the matter through a consent order. But in all cases, the court's primary concern will be the welfare and best interests of the children. You should contact a family...

Q: AUTO DEALERSHIP FRAUD...

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Answered on Feb 18, 2018
William N. Sosis' answer
You desperately need to contact an attorney who practices consumer law. What you've stated sounds like consumer fraud. NJ has an excellent consumer fraud law that can help you recover not only your down payment but also help you collect damages and attorney fees. Some attorneys may even be willing to take your case on contingency. Contact an attorney who will provide you with a free consultation.

Q: How can I find cases on the coversion of equity doctrine?

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Answered on Jan 31, 2018
William N. Sosis' answer
You probably don't have access to LexisNexis or WestLaw so try https://scholar.google.com. Click on the "Case Law" and "New Jersey courts" radial buttons. Search for "doctrine of equitable conversion" OR "equitable conversion doctrine". After hitting enter, you should get about 35 or more NJ cases.

Q: I have sole legal and residential custody of my child.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Answered on Jan 31, 2018
William N. Sosis' answer
You need to get a restraining order against him. Do it immediately and don't wait. There are 24-hour hotlines available or contact a family law attorney if you need help.

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