Stacy Wright Family Law and Mediation, Chtd., is a family law and mediation firm located in Brooklyn Park, Minnesota. Stacy Wright, Attorney at Law, is experienced, empathetic, and creative. She takes the time to get to know her clients and understand their goals, so she can help them work towards their goals. Stacy Wright believes that it is important for her clients to understand both the court process and the laws that affect her clients’ cases, so in addition to advocating for her clients, her law firm also focuses on client education.
I have been an attorney for 23 years, working exclusively in the area of Family Law. After an initial start handling workers compensation cases, I spent nine years as an assistant county attorney handling child protection, child support, juvenile delinquencies/truancies, guardianships/conservatorships and mental commitments in Southern Minnesota. In the late 90's I headed up a special grant to develop and teach battered women's advocates in basic housing laws along with handling housing and divorce cases. In 2000 I spent 7 months handling bankruptcy cases for families in financial crises. Since 2001, I have worked exclusively on family law matters involving...
This is based on the outdated belief that women know less about the marital finances than their husbands, therefore will not be left with a favorable outcome in the divorce. It is important to remember divorce mediators are neutral and have no interest in either spouse “winning.” Finally, most people believe couples who are barely speaking could not possibly benefit from divorce mediation. Divorce mediators are highly trained in alternative dispute resolution and are skilled at working with those who have significant levels of anger between them. Obviously, both parties will be required to speak at some point, but the divorce mediator may be able to help that happen.
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”
More recently, however, I have noted a shift to where, in my opinion, the evaluators make assessments of how the case will most likely settle, and tailor their recommendations to that assessment. This results in more settlements overall, but at the cost of many which are not in the best interests of the children. In light of this, it is very important not to give the impression that you are willing to settle for something that is contrary to the children’s best interests. In your pitch to the evaluators, tell them what you consider to be the arrangement that is in the children’s best interests, and why — not just what you would be willing to settle for; because if that’s your approach, that’s very likely what they'll treat as your starting point, and your children will be the ones to suffer for it, by having to live with an arrangement that is not in their best interests.
Very few things in any family law issue are black-and-white. Our job is to step back and help you look at the larger picture in terms of what you have to get out of your divorce versus what might be emotionally driven. We sit down with you to discuss whether what you are asking for is worth pursuing and how a judge might handle a situation if your case ends up in litigation.
Court cutbacks mean that judges have less time to handle every case; many times, people find themselves stalled for months at a time waiting for a court date or for something to ‘happen’ on their case. Parties can spend tens of thousands of dollars on attorney fees and then one or two years later fire both attorneys and come up with their own agreement. Mediation lets people move forward at their own pace.
Mediation is confidential and non-binding. Mediators cannot force the parties into a settlement. Rather, mediators keep everyone focused and facilitate the exchange of information. Mediation is not appropriate in all cases, particularly those in which there is a history of domestic abuse among the parties. The actions and concessions of a party during mediation cannot be used against them in court pursuant to the rules of evidence.
Mediation is a confidential discussion of the issues that need to be resolved in a divorce or custody situation. The divorce mediator, or child custody mediator, facilitates the different possibilities for resolving those issues. The mediator doesn’t have any decision making authority, so the process isn’t inherently risky; you can only serve to benefit if you can resolve your issues out of court.
When deciding which party to award a marital pet, a compelling argument is the pet’s attachment to the children. If there are minor children involved, who are very attached to the pet, the Court will likely award the pet to whichever parent has primary residence of the children. Another compelling argument is which party cares most for the pet. If you can prove that you were the one primarily responsible for feeding the pet, taking it to the vet, walking it, etcetera, then you will be much more likely to be awarded the pet.
(1) it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; or
Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.
Jeff has been a lawyer for 34 years, practicing family law exclusively for 28 years. For the first six years of his career he was a staff attorney at the Minnesota Court of Appeals. He has handled hundreds of cases and has the experience dealing with substantial marital estates in the millions and has tried and litigated many cases, including lengthy custody matters. He is also a trained mediator and ADR neutral on the Minnesota State Roster and is a FENE and SENE neutral in Ramsey County, Anoka County, Washington County, Scott County, Carver County, Pine County, Chisago County, Isanti...
Once your negotiations are finished and you have found a solution, either the mediator or one of your attorneys will write an agreement and, in many cases, a parenting schedule or parenting plan. These documents will be incorporated with the rest of your divorce paperwork and become part of your divorce judgment, which means that a court could enforce them if one of you doesn't do what the agreements say you'll do.
The best way to get started is for you and your spouse to attend a free one-hour consultation. During the consultation you will receive detailed information about mediation in general and how my process would work in your unique situation. Perhaps most importantly, during this consultation you will each have the opportunity to meet me and determine whether or not you feel comfortable with me and my professional services. Another benefit is that both you and spouse receive the same information at the same time, are able to hear each other’s questions and concerns, and may experience the neutral role of the mediator. You will also receive instructions about how to prepare for your work in mediation and how to save money. If after the consultation you believe that mediation is the best choice for your situation, the next step is to schedule the first working session and begin preparing the necessary information and documentation.
For unmarried parents, the mother has sole legal and physical custody unless and until the Court orders otherwise, pursuant to Minnesota Statute section 257.75, subdivision 3. Nevertheless, a mother should be careful before denying parenting time, because one of the many factors which the court considers in determining permanent custody is “the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.” Minn. Stat. § 518.17, Subd. 1(13).
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The court may restrict parenting time if the parent seeking parenting time may harm or kidnap the children. The court can do this by limiting the hours of parenting time or limiting the place where parenting time can take place. The court can require that he or she only visit when another person is present (supervised parenting time). In very rare cases, parenting time may be denied altogether.