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Los Angeles · Family Law & Mediation

The deal you make is better than the one a Court makes for you.

Bluntly put, the termination of a marriage is one of life's most traumatic events. Divorce attorneys, unfortunately, are often perceived as an aggravating factor in the process.

My objective is to put the expertise of my years of exclusive practice in the family law arena to focus on problem solving, facilitating resolution and lessening the trauma for my clients — bringing an objective, commonsensical, cost-effective viewpoint to a process that rarely feels that way.

Approach

Two roads to the same place — resolution.

Different families bring different complex dynamics, so that there is no "one-size fits all" solution. Understanding these dynamics is crucial to the selection of the approach of the case.

Litigation is the traditional system in which the parties resort to court intervention to decide conflicts. Because of its financial and emotional toll, it is important alternate resolution processes are explored before engaging in litigation. Vigorous, planned-out representation is provided in this adversarial setting when it's needed — but the deal you can make, over which you have control, is better than one imposed upon you by a Court. Retention of a private judicial officer to adjudicate the issues may be appropriate in certain cases.

The Los Angeles Superior Court website contains important information and provides access to Judicial Council Forms.

Routes to resolution SEPARATION RESOLUTION Litigation — court decides Mediation — you decide together Collaborative Law — attorneys commit to settle
Court-decided
Party-decided
Where this practice puts its weight

Mediation & Collaborative Law

Both Mediation and Collaborative Law are consensual resolution processes. They create more durable agreements because they permit focused, tailored and more creative solutions, and they tend to preserve the parties' relationship — because the parties have more control on the outcome they work out together.

01 — MEDIATION

A neutral third party, not an advocate

The parties select a neutral mediator (a retired judge or a family law attorney preferably) to assist them in fashioning the agreement most adapted to their family's needs. The mediator's role is to educate the parties as to the legal issues in the case, facilitate communication and offer alternative solutions for consideration. Most mediators recommend that each party retain a consulting attorney to advise them; that attorney may or may not be present at sessions. Not all cases are suited for the mediation process. Services may be retained by both parties as mediator, or by either party as consulting attorney.

02 — COLLABORATIVE LAW

Parties and attorneys commit to avoid litigation

If it fails to result in an agreement, the attorneys will withdraw and the parties must retain new counsel to pursue litigation. Resolution is reached through a series of settlement meetings. Financial advisors, forensic accountants and mental health professionals may be retained to find solutions. Not all cases are suited for collaborative law.

03 — CONSULTING ATTORNEY

Independent advice inside the process

In this role, independent legal advice is provided to assist you in resolving family law issues. In most instances, the consulting attorney is retained in the context of mediation. At times, the client chooses to represent himself or herself and seeks independent legal advice to understand the process better. This is also known as limited scope representation.

“I came to meet Annie at Harvard Law School where we were both studying to obtain our Mediation certificate... Annie shows an incredibly big amount of empathy, she was able to very quickly have a full overview of the cases we were offered to practice on, she came up with a variety of creative solutions always keeping the 'bigger picture' in her head.”

Katrien Verbanck, Founder — CEO and Lead Consultant at Katrien Verbanck Consultancy

Practice Areas

Divorce, property, support and custody matters — handled with the same problem-solving philosophy.

Divorce

Litigation is the traditional system in which the parties resort to court intervention to decide conflicts. Vigorous, planned-out representation is provided in this adversarial setting when required — see the Approach section for the full philosophy on litigation versus resolution.

Property Division

Generally, California Community Property laws require an equal division of the community estate. When the division of community property is decided by the Court, the judge must apply the law to the facts of the case. Division of community property often involves complex issues of corporate law, tax law, estate planning, or bankruptcy law — it is crucial that the attorneys recognize these issues and obtain the best specialized assistance when needed. Complex property issues are handled in this practice, including valuation of business(es) and division of investment and property holdings. When Dispute Resolution (Mediation or Collaborative Law) is used, the distribution of assets and debts may be structured in the way most adapted to the family's needs.

Child Support

California has a very regulated statutory scheme concerning child support. Parties will become familiar with the "XSpouse" program, commonly used by attorneys and judicial officers to determine guideline child support. Because the child support guideline formula includes a "time-sharing percentage" factor, this issue is often muddled with custody issues.

Spousal Support

The determination of spousal support is a complex matter, often too simplistically viewed from the outside as "you get support for half the length of the marriage," "you get life time support because you have a long marriage," or "you have a right to be supported at the marital life-style." This area is heavily regulated by the Legislature, filled with contradictory case law precedent, and greatly subject to the discretion of the judicial officer. Whether advocating for the recipient of support or for the supporting spouse, the goal is realistic guidance.

Child Custody — Time Sharing & Parenting Plan

Issues concerning the children of the marriage are the most emotionally charged issues in most cases. The philosophy is that, unless facing mental health illness or domestic violence, the attorney should assist in minimizing conflict and in creating two post-divorce wholesome households. In 35 years experience working exclusively in family law matters, families have been seen destroyed in the "battle" — but also remarkable adaptability on the part of children and parents. Experts agree that divorce itself is not the cause of the damage; rather, it is the child's exposure to the parents' conflict that creates the trauma.

International Custody Disputes / Move-Away Issues

In our highly mobile society, children are often caught between the rights of a parent to travel and the children's needs for continuing contact with both parents. Within the United States, uniform statutes apply to ensure consistency in how courts handle these issues. In multinational family disputes, the Court, litigants and attorneys are faced not only with cultural differences but also with complex conflicts of law and the applicability of international treaties such as the Hague Convention (for signatory countries) and federal laws aimed at deterring parents from removing children from the United States, or from other countries.

Cohabitation, Prenuptial & Postnuptial Agreements

It is counter-intuitive and often difficult to foresee separation or divorce when one is in love and in the midst of engaging in a new life. Typically, the party requesting the agreement wants to protect his or her assets in the event of a separation or dissolution of the marriage — determining in advance how property will be divided and how spousal support will be defined. In a postnuptial agreement, a spouse wants to change marital rights and obligations while remaining in the marriage; these must be approached with care for the fiduciary obligation spouses owe to one another. All three types of agreements are generally favored by the Courts and their use has greatly increased in the last fifteen years or so. Whereas general contract law applies to cohabitation agreements, prenuptial and postnuptial agreements are heavily regulated.

Domestic Partnerships / Termination

The California Domestic Partner Rights and Responsibilities Act extends to registered partners virtually all the rights, benefits, protections and obligations which apply to spouses during and upon termination of the union.

Team
Annie Wishingrad

Annie Wishingrad

Certified Specialist, Family Law — The State Bar of California, Board of Legal Specialization

Education

  • Bachelors of Science, Economics, University of Nice, Nice, France
  • Juris Doctor, Southwestern University School of Law, Los Angeles, California
  • Certified Specialist- Family Law- The State Bar of California- Board of Legal Specialization since 1995
  • Mosten-Guthrie Mediation and Collaborative Training and Advanced Training.
  • Program on Negotiation at Harvard Law School, Cambridge, Massachusetts

Affiliations

Testimonials

From clients & colleagues

“

When navigating through the complex tunnel of a divorce, one's ability to make sound decisions is often very difficult, frustrating and riddled with high levels of emotion. Annie has the unique ability to maintain linear thinking, avoid the expensive and non-productive drama, while still maintaining emotional concern and excellent legal guidance.

Joshua Kaye
“

I am fortunate to know Annie both as a client and as a colleague. Annie has an excellent reputation with the judges and the family bar. She is knowledgeable, well prepared, efficient and tenacious. But what really sets her apart is that she puts her client's interests first, and is very fair and reasonable in her billings.

Craig Fields, Esquire
“

Annie Wishingrad represented me in my divorce after a 30-year marriage. She is a consummate professional. She is also a caring and considerate person. I recommend her wholeheartedly to anyone seeking an attorney.

Margot Hornblower
“

I would recommend Annie without reservation. She was knowledgeable and explained every step in the divorce process. She was aggressive yet reasonable even when the other side was not.

Benjamin Broder, M.D.
“

Annie has an unusual combination of strength, intelligence, expertise in her field and grace. For me, she was a compassionate guide into a very foreign and frightening process. Because of her wisdom, respect and support, I came out on the "other side" not only edified, but transformed.

Jackie Terrell
Contact

Law and Mediation Offices of Annie Wishingrad