Theresa (Traci) A. Capistrant has focused her practice on Family Law for over 27 years. As a part of her family law practice, Traci has handled everything from simple, straightforward divorces, to complex custody and financial litigation in cases involving custody, third-party custody, paternity, dissolution, post decree enforcement, step-parent adoption, child support enforcement/modification, parenting time and custody disputes, and a myriad of other issues that arise in a family situation. While a fierce advocate for her clients, Traci has resolved cases through both settlement and the formal trial process. Her focus is on finding a resolution that fits her client’s needs, giving them hands-on input in their case, and brings them dignity in the process.
So many aspects of a family law matter are heart-wrenching and stressful. Anger, sadness, confusion, feelings of betrayal, and distrust can overtake the process making it difficult for a party to focus on their true needs. Traci empathetic approach helps her clients wade through those feelings, while protecting and advocating for them when they are not always able to do so for themselves. She uses several different methods to get to a resolution for her clients, including Cooperative Practice, early neutral evaluations, mediation, and if needed, litigation. While she can be an aggressive advocate, Traci also works very well with opposing counsel and the courts to avoid high attorney fees and costs, whenever possible.
In addition to her legal training, Traci continually works to expand her expertise in alternative dispute resolution fields so that she can be of service to those who truly want to avoid litigation. She is a Rule 114 Qualified Neutral, working as a mediator to help families reach agreement on their issues without court intervention. In that role, Traci has mediated complex custody and parenting time cases independently and through the Ramsey County Volunteer Mediation program. Traci is also trained as a Social Early Neutral Evaluator (SENE). The SENE process can help families avoid the need, expense and emotional drain of a full custody or parenting time evaluation. Traci is available to act as an SENE evaluator in Anoka, Ramsey, Sherburne, Washington and Wright Counties. A founding member and emeritus board member of the Cooperative Practice Network of Minnesota, Traci has also worked with other like-minded attorneys, mental health professionals, and financial advisors to create an alternative approach to family law cases. More information about each of these processes can be found under “What We Do."
Raised in North Saint Paul, Minnesota, Traci graduated from the University of Minnesota, with a B.S. in Business Administration in 1985. She attended William Mitchell College of Law and graduated, cum laude, in 1988. She started her legal career at Oppenheimer, Wolff and Donnelly Law Firm in the areas of insurance coverage, employment law, and products liability. Transitioning her focus to Family Law, Traci joined the law firm Peterson, Fishman and Livgard, P.A in 1991, becoming a named partner in 1993. In January 2001, Traci launched Capistrant Law, P.A. focusing exclusively on family law matters.
Traci has been named to the Thomsen Reuters “Super Lawyer” list every year since 2002, earning Top 100 Women Super Lawyer honors in 2005, 2006 and again in 2009. She also holds a 10 out of 10 rating status through AVVO. Traci is a member of the Minnesota State Bar Association, the Hennepin County Bar Association, AFCC, Minnesota Women Lawyers, the Cooperative Practice Network, and does pro bono work through the Volunteer Lawyers Network.
Devoted to her family, Traci lives in the Twin Cities with her husband, daughter, son, and beagle, Bailey.
Theresa A. Capistrant, Founder and Partner Family Law