Massachusetts Standing Order 1-26 Establishes New Framework for Remote and In-Person Family Court Hearings Effective June 1, 2026
Massachusetts Probate and Family Court Chief Justice Brian J. Dunn issued Standing Order 1-26 on May 15, 2026, fundamentally restructuring how divorce and custody hearings will proceed across the Commonwealth. The order, effective June 1, 2026, creates presumptive remote hearings for specific matter types while mandating special accommodations for self-represented litigants who lack adequate technology access. For the approximately 45,000 divorce and family law cases filed annually in Massachusetts, this represents the most significant procedural change since pandemic-era emergency orders first introduced widespread virtual proceedings.
| Key Facts | Details |
|---|---|
| What happened | Chief Justice Dunn issued Standing Order 1-26 establishing permanent rules for remote vs. in-person family court hearings |
| Effective date | June 1, 2026 |
| Jurisdiction | All Massachusetts Probate and Family Court divisions |
| Key provision | Certain hearing types are now presumptively remote unless a party requests in-person |
| Self-represented litigants | Courts must provide special consideration for those with limited technology access |
| Statute authority | Mass. Gen. Laws ch. 215 (Probate and Family Court jurisdiction) |
Standing Order 1-26 Creates a Two-Track System for Massachusetts Family Court Hearings
The new standing order divides family court matters into presumptively remote and presumptively in-person categories, ending the case-by-case determination that has governed Massachusetts courts since 2020. Under Standing Order 1-26, status conferences, uncontested motions, case management conferences, and certain temporary orders hearings will proceed remotely by default. Contested evidentiary hearings, trials, and matters involving witness credibility determinations remain presumptively in-person.
This categorical approach addresses the inconsistency that plagued Massachusetts family courts over the past six years. Prior to Standing Order 1-26, whether a hearing proceeded remotely depended largely on individual judicial preferences and local court practices. A divorce case in Suffolk County might proceed entirely via Zoom while an identical matter in Worcester County required multiple in-person appearances. The new order creates statewide uniformity while preserving judicial discretion for case-specific circumstances.
Parties retain the right to request their preferred format under Section 4 of the standing order. A written motion filed at least 7 days before the scheduled hearing allows either party to request conversion from remote to in-person or vice versa. The court must consider factors including the complexity of issues presented, the number of witnesses, document-intensive nature of the proceeding, and any demonstrated hardship to the parties.
Massachusetts Courts Must Now Accommodate Self-Represented Litigants with Technology Barriers
Section 6 of Standing Order 1-26 mandates that courts provide special consideration for self-represented litigants who demonstrate limited access to technology required for remote participation. Approximately 67% of family law litigants in Massachusetts appear without attorney representation, according to 2025 Massachusetts Trial Court data. For this majority population, technology access varies dramatically based on economic circumstances, geographic location, and digital literacy.
Under the new order, self-represented litigants may file a simple written statement explaining technology limitations, and courts must either convert the hearing to in-person format or arrange alternative accommodations. These accommodations may include providing courthouse terminals for remote participation, offering telephone-only options for audio hearings, or scheduling matters during times when court technology support staff are available to assist.
The standing order specifically prohibits courts from entering default judgments or adverse rulings solely because a self-represented party experienced technology difficulties during a remote hearing. Section 6(c) requires courts to reschedule and provide accommodation opportunities before any adverse action based on non-appearance at a remote proceeding.
How Massachusetts Divorce and Custody Cases Will Proceed Under the New Rules
For divorcing couples in Massachusetts, Standing Order 1-26 creates a more predictable procedural pathway. The typical uncontested divorce under Mass. Gen. Laws ch. 208 § 1A will now proceed almost entirely remotely. Initial case management conferences, joint petition hearings, and uncontested final hearings all fall within the presumptively remote category.
Contested divorces follow a hybrid model. Early-stage proceedings including temporary orders hearings for support and custody, discovery conferences, and pre-trial conferences may proceed remotely unless a party objects. Once a matter is scheduled for contested trial, however, in-person proceedings become the default. This preserves the ability of judges to assess witness credibility while reducing the burden of repeated courthouse visits during the often lengthy pre-trial phase.
Child custody determinations under Mass. Gen. Laws ch. 208 § 31 involving disputed parenting plans or modification requests present particular considerations. The standing order recognizes that custody evaluations, guardian ad litem testimony, and contested relocation hearings typically require in-person proceedings. Section 5(b) specifically designates matters involving expert witness testimony regarding child welfare as presumptively in-person.
Practical Takeaways for Massachusetts Family Law Litigants
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Calendar your hearing dates carefully starting June 1, 2026. If you prefer in-person proceedings for a matter designated as presumptively remote, you must file a written motion at least 7 calendar days before the hearing date requesting format conversion.
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Test your technology before any remote hearing. Courts are not required to continue proceedings due to preventable technical difficulties. Ensure your camera, microphone, and internet connection function properly. The Massachusetts Trial Court website provides specific technical requirements for Zoom proceedings.
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Self-represented litigants with legitimate technology barriers should file a written statement explaining limitations as early as possible. Do not wait until the hearing date to raise technology access concerns. Courts can arrange accommodations in advance but cannot always do so on same-day notice.
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Prepare remote hearing exhibits differently than in-person exhibits. Under Standing Order 1-26, parties must exchange and upload exhibits to the court's electronic filing system at least 3 business days before remote hearings. Failure to comply may result in exhibit exclusion.
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Request transcripts for remote proceedings you anticipate appealing. While courts record remote hearings, the recording quality varies. A certified transcript remains the official record for appellate purposes under Massachusetts Rules of Appellate Procedure.
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Consider whether your specific matter warrants in-person proceedings even when remote is presumptive. Complex financial discovery disputes, matters involving allegations of domestic violence, and cases where party credibility is central may justify an in-person request.
Frequently Asked Questions About Massachusetts Standing Order 1-26
Does Standing Order 1-26 apply to my pending divorce case or only new filings?
Standing Order 1-26 applies to all hearings scheduled on or after June 1, 2026, regardless of when your case was originally filed. If your divorce was filed in 2024 but has a status conference scheduled for June 15, 2026, that conference will proceed under the new remote hearing presumption. Cases do not grandfather under the prior rules.
Can I refuse to appear remotely for my Massachusetts divorce hearing?
You cannot unilaterally refuse remote appearance, but you may file a written motion requesting in-person proceedings at least 7 days before your hearing under Section 4 of Standing Order 1-26. The motion must state specific reasons why in-person proceedings are necessary. Courts grant such requests when parties demonstrate legitimate need, including technology barriers, witness logistics, or matter complexity.
What happens if my internet fails during a remote family court hearing?
Under Section 6(c), courts cannot enter default judgments or adverse rulings solely due to technology failure. If you experience connectivity problems, immediately attempt to rejoin the hearing. If unable to reconnect, contact the clerk's office by telephone that same day. Courts will typically reschedule rather than proceed adversely when parties demonstrate good-faith technology difficulties.
Are custody trials now conducted remotely in Massachusetts?
Contested custody trials remain presumptively in-person under Standing Order 1-26. Section 5(a) designates evidentiary hearings involving witness credibility determinations as in-person matters. Custody disputes almost always involve credibility assessments regarding parenting fitness, making remote trials the exception. Temporary custody orders, however, may proceed remotely unless a party requests otherwise.
How do I submit evidence for a remote divorce hearing in Massachusetts?
Standing Order 1-26 requires parties to upload exhibits to the Massachusetts Trial Court electronic filing system at least 3 business days before remote hearings. Exhibits must be clearly labeled and organized. During the hearing, you will share your screen or the court will display uploaded documents. Parties should also have physical copies available for their own reference during testimony.
Moving Forward Under Massachusetts Standing Order 1-26
The shift to presumptive remote hearings for routine family court matters reflects the permanent integration of technology into Massachusetts legal proceedings. For many litigants, particularly those balancing work schedules, childcare responsibilities, and transportation challenges, remote options reduce the practical burdens of divorce and custody litigation. For others, especially self-represented parties navigating unfamiliar technology, the standing order's accommodation provisions provide essential protections.
Understanding which hearings will proceed remotely versus in-person allows parties to prepare appropriately and advocate effectively for their preferred format when legitimate reasons exist.
Our Massachusetts divorce attorneys can help you navigate proceedings under the new standing order, whether your matter calls for strategic use of remote hearings or circumstances warrant requesting in-person proceedings.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.