Christopher W. Vaughn-Martel's Answers

How long do we have to be married to adopt my boyfriends son in mass

Thank you for your question. What you are describing is referred to as a "co-parent", "second-parent", or "step-parent" adoption. In Massachusetts, there is no requirement that you be married in order to adopt. Our office brings co-parent/step-parent adoptions frequently for families throughout Massachusetts, and charges a flat fee for uncontested adoption petitions. As part of your co-parent/step-parent adoption, it will be necessary to terminate the parental rights of the child's...

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Responding to motion in civil action

You should review Super Court Rule 9A. There are a number of requirements, and they may differ depending upon the type of motion you are filing. Generally speaking, the person opposing the motion sends his opposition to the moving party. The moving party then files the original motion and the original opposition in court together. You may want to get an attorney if your case is worth litigating properly.

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Can I set a budget for my attoreny and if she goes over, then its her problem?

Every lawyer should discuss the potential costs of a certain course of action with you. That is an important aspect of any case, and allows the client to make a truly informed decision about the costs and benefits of a particular strategy or course of action. Often, the time spent on a client's case is actually caused by the conduct of the other party. Your attorney should give you a good estimate of what a specific course of action will cost (a deposition, a motion to compel if discovery is...

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Can my landlord evict my boyfriend and I for arguing?

If the notice to quit is based on your alleged failure to pay rent, you may "cure" the violation by paying all rent due within a specified period of time. You should contact an attorney or review the link provided below to learn more about your rights.

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What if my husband stops paying me child support

You may want to send a quick letter indicating the violation of the order, and that you intend to bring a complaint for contempt if it is not remedied. If the violation is not remedied, you will need to bring a complaint for contempt in your local probate and family court, which appears to be Norftolk. Good luck.

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Living Trust

Without trying to beat you up, you may be making a terrible mistake. Based on your question, you have no idea what you are doing. When a professional, like an attorney or a doctor, makes an error, they are held accountable and compensation can be awarded to their client or patient for the harm caused. If you make an error, you or your loved ones will have nobody to blame but you. You may think you are saving a little bit of money by not hiring a lawyer to prepare your estate plan, but...

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I did not open an escrow for security deposit. I am not in the business of renting out properties.

You have to be very careful with the security deposit law and in separately metering utilities. Your riskiest course of action is to do nothing. Less risky would be to place the money into a separate tenant's account. The safest thing to do would be to return the security deposit. Once returned, your liability is probably zero. Whether you are in the business of renting properties or not, certain violations of tenant-landlord law carry penalties like treble damages and an award of attorney'...

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I am filing for divorce from my husband of 23 years,

I'm sorry to hear you are going through this. You really need to speak with an attorney before making an offer, but making an offer of settlement of the marital estate is not a bad idea. Before any offer is made, a full review of your financial and marital history should be conducted. If you and your husband can work through each and every term of your divorce, you can file an uncontested divorce here in Massachusetts. I hope you won't take offense to this, but based on the facts you...

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How many times would I have to go to court on a contempt

As attorney Lewis stated, you should speak with an attorney and determine for yourself whether it is worth it. If taking a couple days off of work will result in an increase of tens of thousands of dollars over the life of your court order, it may be worth it. One of the great things about hiring a lawyer is that you will only have to go to court for an evidentiary hearing or trial. Ideally, you will be able to work this out with the other party and limit your costs and effort needed.

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I have lost a hearing from the Superior Court , the hearing was for assess damages. However, I don't have the money to pay them.

Because this is a condo association dispute, it is possible that they will now have the ability to foreclose on your property under the Massachusetts "super-lien" statute. If they did not perfect their rights under that statute, they would still have the right to pursue further collection against you, which might include wage garnishment, further payment review hearings, seizure of property, or placing liens on your real estate. You should probably retain counsel to assist you in negotiating...

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