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I recently discovered toxic mold in my apartment. Am I allowed to withhold rent until the mold is removed?

Landlords are urged to take mold seriously under Massachusetts law. Mold is considered a top environmental concern which can grow quickly. Regardless of what may appear in a written lease agreement, landlords in Massachusetts are bound by “implied warranty of habitability.” This is a legal doctrine that requires providing tenants with apartments in livable condition. Tenants in Massachusetts have the

I’ve been estranged from my husband and want to remarry. Will Massachusetts grant me a Bifurcated divorce?

Bifurcation of divorce allows spouses to become legally divorced before the divorce details have been finalized. The option to remarry is the most common use of bifurcation; however, some couples seek a bifurcation to distinguish between marriage or pre-marriage property. In states that permit bifurcation, the court will handle the end of the marriage separately from the other divorce matters

Can the police look at my cell phone if I am detained or arrested?

The Fourth Amendment to the U.S. Constitution protects you from unreasonable government searches and seizures, including your electronic and smart devices. Whether you’re being held under detainment or arrest, you still have protective rights. To start, before speaking to any law enforcement official, you can state you do not wish to answer any questions without your attorney present. In many

I’ve only been married for 2 weeks, am I eligible for an annulment?

In the state of Massachusetts, a court granted annulment means your marriage never legally happened. Each state’s legislative code sets specific guidelines for what constitutes an annullable marriage. Contrary to popular belief, you can’t annul a marriage based on a short duration. Massachusetts outlines seven specific grounds for annulment. In Massachusetts, annulments require your marriage to be either void or

What is the difference between a revocable and irrevocable trust, and which needs do they serve?

The ability to change is at the heart of the difference between revocable and irrevocable trusts. Revocable trusts take their name from the trustee’s ability to “revoke” (i.e. change) provisions of the trust agreement after signing. These changes could include adding or removing beneficiaries of the trust by amendment or even dissolving the entire trust. Unless a successor trustee is

Can the police look at my cell phone if I am detained or arrested?

Does it really matter if I skip jury duty?

Yes—yes it does. Skipping jury duty is an easy way to land yourself in completely unnecessary trouble. Massachusetts makes it rather difficult to miss or skip your service date. There are many chances to make right on your having skipped jury duty, but they are all time-consuming and potentially nerve-wracking. After missing jury service, you will receive a “Failure to

Does Massachusetts allow pain-and-suffering claims?

Massachusetts allows pain-and-suffering claims in some cases. Pain-and-suffering claims are considered “non-economic” in that they are not seeking to compensate for a price-tagged, financial loss caused either by damage to property or by high medical bills. The latter type are “economic” damages. In Massachusetts, pain-and-suffering claims must usually be filed alongside economic claims. In the case of car accidents, medical

What is a common law marriage and how is it different from legal marriage?

When it comes to understanding common law marriages, there are a lot of misconceptions out there. You may have heard that a couple living together for 7 years or longer are automatically common law spouses. This is a false statement as common law marriage regulations are determined per state. In fact, only 15 states recognize a common-law union, and Massachusetts

How do courts determine if relocation of a child to another state during a divorce is acceptable?

In situations where a custodial parent wishes to relocate with a child, the court will determine whether child custody relocation is in the best interests of the child. While a parent is free to relocate out of state themselves without the child or with the permission of the other parent to take the child, the state of Massachusetts requires a

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I recently discovered toxic mold in my apartment. Am I allowed to withhold rent until the mold is removed?

I’ve been estranged from my husband and want to remarry. Will Massachusetts grant me a Bifurcated divorce?

Can the police look at my cell phone if I am detained or arrested?

I’ve only been married for 2 weeks, am I eligible for an annulment?

What is the difference between a revocable and irrevocable trust, and which needs do they serve?

Can the police look at my cell phone if I am detained or arrested?

Does it really matter if I skip jury duty?

Does Massachusetts allow pain-and-suffering claims?

What is a common law marriage and how is it different from legal marriage?

How do courts determine if relocation of a child to another state during a divorce is acceptable?

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