Modernizing the Rules: A Look at the Proposed Overhaul of Massachusetts Domestic Relations Procedure

The Probate and Family Court is proposing major updates to the Massachusetts Rules of Domestic Relations Procedure, and it’s inviting public comment through June 30, 2025. These changes represent a long-overdue modernization of the procedural rules that govern divorce, custody, and other family law matters in the Commonwealth.

For the first time, proposed rules 7 through 85 are up for review, alongside refinements to rules 1 through 6 based on prior public feedback. The proposed amendments do more than update the language (though they significantly modernize it and make it gender-neutral); they fundamentally change how parties and courts handle domestic relations cases, from service of process and discovery to digital communication and courtroom practice.

Among the key changes:

• Electronic Access & Filing: Rules 3 and 5 formally authorize electronic filing and service via email, aligning with the Massachusetts Rules of Electronic Filing and bringing domestic relations practice in step with other trial court departments.
• Service by Modern Means: Under Rule 4, courts now allow alternative service via email, text, and even social media when personal service isn’t possible—reserving newspaper publication only when specifically ordered.
• Protecting Children & Privacy: The revisions to Rule 5 clarify who may accept service at a party’s home (no more involving children) and include new protections for personal identifying information.
• Simplified Language & Structure: Many of the rules shed their dense legalese and adopt more intuitive formatting, improving readability for attorneys and self-represented litigants alike.
• Alignment with Civil Procedure: Several rules—like Rules 20, 21, 25, 34, 45, and 56—adopt language and structure from the Massachusetts Rules of Civil Procedure to ensure consistency and procedural clarity across different types of civil litigation.
• Substantive Clarifications: Notably, Rule 41 allows parties to relitigate support or custody issues, even if the court previously dismissed the marriage dissolution, by limiting the preclusive effect of a voluntary dismissal in divorce actions. And Rule 56 now explicitly allows summary judgment in grandparent visitation cases.
• New Rules for Complex Cases: Rules previously absent from the Domestic Relations Rules—like third-party practice (Rule 14), permissive joinder (Rule 20), and receiverships (Rule 66)—are now proposed to support more complex or multi-party litigation, which is increasingly common in cases like grandparent visitation or parentage disputes.

Clarifying Standards for Electronic Signatures and Court Procedures

The proposed rules also provide clearer standards for things like electronic signatures (Rules 11 and 77), hearings and case transfers (Rule 77(e)), and court-ordered examinations (Rule 35), all in alignment with modern litigation needs.

A redlined and clean version of the proposed rules is available online. Comments are welcome and may be made public, so practitioners, advocates, and litigants should consider weighing in. Send comments to Brian Pariser, Deputy Legal Counsel, at brian.pariser@jud.state.ma.us. Or mail them to the Probate and Family Court’s Administrative Office in Boston.

Conclusion: A Step Forward for Massachusetts Family Law Practice

The full scope of changes suggests a judiciary listening to practitioners, embracing modern technology, and evolving its procedures to meet the realities of 21st-century family law practice.