MA Standing Order 1-26 is revolutionizing the way Massachusetts Courts handle divorce and custody cases. For more than 30 years, Attorney Michelle J. Blair has been guiding families through complex court procedures across Middlesex and Worcester Counties. Starting June 1, 2026, the hearings will be conducted under new default rules rather than the discretionary hearing methods judges have adopted on a case-by-case basis. In some cases, hearings will be conducted remotely, whereas in others, personal appearances at the courthouse will still be required. Knowing which category applies to your matter can save you from a scheduling mistake that delays your case for weeks. This shift affects nearly every pending matter before the Massachusetts Probate and Family Court, whether newly filed or already underway long before the rule took effect.
Understanding the New Court Rule
Chief Justice Brian J. Dunn signed the rule to update the old directives regarding hearing processes throughout the state. It outlines two clear classifications that determine how each hearing should proceed from here on out. Status conferences, discovery disputes, and joint petitions generally fall into one category. Contested trials and evidentiary matters generally fall into another. This distinction determines whether you appear by video or walk into a courtroom on your scheduled date. Either way, preparation looks different depending on which format applies to your particular hearing. A remote hearing still carries the same legal weight as one held inside the courtroom itself, and missing either carries real consequences for your case.
Comparing Hearing Formats
There is no standard procedure for holding a hearing in line with this new regulation. The process involving brief and procedural hearings will be conducted without any person entering the courtroom. Longer, fact-heavy hearings still call for everyone to be gathered in the same room. This split reflects an effort to balance efficiency with fairness for every party involved. Judges want routine matters resolved quickly, but disputed facts still deserve the full weight of in-person court proceedings, where testimony and evidence can be weighed directly by the court before any final ruling is issued.
| Hearing Type | Typical Format |
| Status or case management conference | Remote |
| Joint petition for divorce | Remote |
| Discovery dispute | Remote |
| Motion to continue | Remote |
| Contested custody trial | In-person |
| Evidentiary hearing | In-person |
Either side may ask a judge to change the assigned format before a scheduled appearance when circumstances genuinely call for it. A request for remote court proceedings must be filed in writing before the hearing date so the judge has enough time to review it fairly. Attorneys typically explain why a different format would better serve their client, whether that involves travel difficulty, limited technology access, or the nature of evidence being presented that day in court, and how that evidence connects to the matter overall. Judges weigh these requests individually rather than granting them automatically, so a clear written explanation genuinely helps move things along. Every individual dealing with a Massachusetts divorce must ensure that they understand what format their hearing will take before that day comes. Custody cases throughout the state follow the same standard.
How This Affects Your Divorce or Custody Case
A missed remote login can carry the same consequences as missing a court appearance. Attorney Blair reviews every upcoming hearing notice with clients to prevent guesswork and last-minute confusion. This matters most for parents managing a Massachusetts custody arrangement or spouses finalizing alimony terms, since a scheduling misstep can delay a case for months and add unnecessary stress to an already difficult season of life for the whole family involved.
What This Means for Your Family Law or Landlord/Tenant Case
Family law clients who have chosen to work with us will be guaranteed confirmation of the hearing format for each upcoming date, instructions on how to request a format change, and assistance with preparing for either remote or in-court proceedings, regardless of the route taken. The order applies specifically to cases moving through the Massachusetts Probate and Family Court, so most landlord/tenant disputes in Housing Court are not directly affected by this particular rule. Clients balancing both types of proceedings still benefit from a full-service firm that closely tracks each court’s current procedures.
According to the official Massachusetts Trial Court order, the public may access fully remote hearings by phone, while hybrid hearings require in-person attendance. For general background on family court practice, the Massachusetts Bar Association also publishes public guidance.
Get Help Understanding MA Standing Order 1-26
Court rules change, but your case still deserves careful attention to every single detail along the way through each stage of the process ahead. If you have questions about MA Standing Order 1-26 and how it applies to your upcoming hearing, don’t wait until the date arrives to find out. Call (978) 443-3900 or visit our contact page to schedule a free consultation today. Michelle J. Blair has guided Massachusetts families through evolving court procedures for over thirty years with steady, personal attention and genuine care for every client she represents.
Frequently Asked Questions
Will my divorce hearing be remote in Massachusetts?
It depends on the type of hearing and how the court has categorized it under the new rule. Usually, status conference hearings and joint petitions hearings take place online, while contested trials and evidence hearings take place physically. Your attorney can confirm the expected format once your hearing notice is issued.
When was MA Standing Order 1-26 issued and when did it take effect?
Chief Justice Brian J. Dunn issued this order on May 15, 2026, and it took effect June 1, 2026. It supersedes the prior Probate and Family Court Standing Order 2-23, which no longer governs hearing formats.
Can I request an in-person hearing instead of a remote one?
Yes. You can file a written request asking the judge to change the presumed format for your hearing.
