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Kate VanderBaan

Collaborative Divorce

IL:630-780-1048 | AZ:602-529-6332

  • Home
  • About
  • Divorce/Family Law
    • Services
    • Litigation
    • Mediation
    • Collaborative Divorce
    • Prenuptial & Postnuptial
  • FAQs
  • Blog
  • Contact Us

Uncategorized

Arizona here I come…

June 1, 2022 By Kate VanderBaan

This has been a few years in the making, and I am very eager to dive right into family law practice in Maricopa County. My offices are located at 2390 E. Camelback Road, Suite 130, Phoenix, Arizona 85016 and 3133 W. Frye Road, Suite 101, Chandler, Arizona 85226. The office phone number is 602-529-6332. I am available to start taking consultations over the phone or by zoom. My initial consultations are complimentary.

People often want to bring a family or a friend into the consultation. Is this a good idea? No. Always tell the attorney right from the start if you have someone else listening in. The attorney should advise you that the attorney/client privilege only extends between the two of you. The third person is not afforded the same privilege and may be called to testify as to what was said at a deposition and possibly in court. It is best to avoid these problems. Another issue arising from a non-party participating in the litigation is the influence they may have over the litigant. Some friends or family members may be assisting with the bill and so they think they can control or have a say in what transpires. Remember that the privilege and your engagement agreement only extend between the attorney and the client. You may have people assist with your legal bills, emotional support, etc., but they should not be talking with your attorney and should stay out of the legal situation. Your attorney should only be talking to you and not your friends or family.  If you still want your attorney to talk to this person, then the attorney will in most instances obtain your permission. If any of these individuals lends you money for the litigation, it is a good idea to draft a promissory note with repayment details. This may be helpful in your litigation especially if the other side is being unreasonably difficult. So, let’s get started by reaching out to me via the number above or email through this website for a consultation with me so that I may help you move on from this difficult situation and get you to a place of peace where you feel in control of your life once again.

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What are the seven best practices for parents when attending their child’s extra-curricular activities?

April 25, 2022 By Kate Vanderbaan

  1. Make sure your child is properly fed and hydrated before and after the game. Sleep is also important for the child so try to have similar bedtime schedules in both households.
  2. The child should be in the proper attire and have his/her gear.
  3. Have your child show up to the practice or game ON TIME. If you cannot provide transportation, make sure it is arranged in advance and in accordance with you parenting agreement. Often your agreement will require you to first ask the other parent if they are available before asking a third party. It is important to advise the other parent in writing as to the individual providing transportation. If there is a disagreement, then try to find an alternative or have the other parent recommend someone. If disputes remain on this issue, consult with your attorney as you may need the court to appoint someone in an order.
  4. Observe when appropriate. Be mindful as to your child’s needs and wishes. If your child has asked you not to yell out at the empire or coach for a bad call or advice, then please keep your comments to yourself. It would be better to save those for a conversation with your child after the game or event.
  5. Encourage the child to do their best providing confidence in the child. Refrain from placing demands on the child.
  6. If you know that conflict with the other parent may arise, sit apart.
  7. Avoid conflict. It is embarrassing for the child and you as an adult.

Filed Under: Uncategorized

How long does it take to get divorced?

April 21, 2022 By Kate Vanderbaan

Answer: A few months to a few years depending on each case. 

The length of time it takes to get divorced depends on several factors but the strongest indicator is where the parties are each at in the process. Typically one party is ahead of the other and has processed their decision but the other may just be in the beginning stages. It will take this individual time to get caught up. Divorce coaches and therapists can help in this regard. It is fear of the unknown that causes a lot of people’s emotional states to be off balance interfering with what should be more of a business transaction. It is so important to keep emotions in check so that individuals can make sound decisions. Once the emotions are stabilized, the process will usually move more quickly. Typically there are five players in this process including the parties, two attorneys and the Judge. In a collaborative case, there will be more. Therefore, as you can imagine, scheduling can also delay the process. It is important to choose an attorney that will have the time to devote to your case and respond in a timely fashion which should be within 24 hours at a minimum with an acknowledgment of receipt and a timeframe for when a more detailed response will be given. It is equally important for each party to respond to their attorneys in a timely fashion to keep things moving. As a side note, you will keep your fees down if the attorney’s office does not need to remind you to complete, review or sign things. Unfortunately, some people have behavioral tendencies that will not allow for a smooth transaction and then you see several temporary issues before the court. You will need to consult with your attorney and they will guide you along what will be a longer process. 

Filed Under: Uncategorized

What Happens at a Divorce Consultation? 

March 22, 2022 By Kate Vanderbaan

The initial consultation with a divorce attorney is the first step in moving forward on the decision to get a divorce.  Clients often wonder what to expect in the consultation process. Here are 7 things to expect in your consultation with an attorney.

  1. Prior to meeting with the attorney, the office will secure the names of both parties for purposes of running conflicts check and determine the county in which the potential client resides or where the case is pending if it is a post decree matter.
  2. The consultation will be scheduled by telephone, zoom or in person. The meeting time is usually thirty minutes to an hour.
  3. The attorney will get information from you including but not limited to the date and place of marriage, you and your spouse’s age, date of birth, place of birth, educational level, work and salary history, benefits through employment, assets and liabilities.
  4. If there are children are involved, you should be prepared to disclose ages, dates of birth, year in school, the name of the school each child attends and the location, academic concerns, health issues, religious upbringing and extracurricular activities. 
  5. You will also be asked about the circumstances leading to the divorce and whether counseling has been attempted.
  6. During further discussion, the attorney will advise as to the options you have regarding proceeding with your pre or post decree issues and possible outcomes.
  7. Make sure to have a prepared list of questions with you.  This list will assure that you don’t forget to ask important questions during the consultation.  

After the meeting you will typically be emailed an engagement agreement and any necessary forms to complete. If you have any questions regarding the engagement agreement or forms, email the attorney. You and the attorney must both sign the engagement agreement and you must pay the retainer before the attorney will begin to work on your case. The retained funds will go into the attorney’s trust account and will be removed from time to time after work has been completed and after you have received a monthly invoice. Once the funds have been exhausted, you will be asked to replenish the retainer, pay your balance monthly or work out other arrangements with the office. Even though an attorney meets with you, they are not obligated to take your case and you are not obligated to hire them. It is advisable to consult with multiple attorneys until you are certain of the proper working relationship. This will prevent the need to retain another attorney during your case if you are not satisfied with your current counsel.

Filed Under: Uncategorized

Non-adversarial Divorce

March 2, 2022 By Kate VanderBaan

What can parties do in the beginning of the divorce process to assure the likelihood of a non-adversarial divorce? To the extent possible, both parties need to be on the same page that a divorce is best for them and their children if they have them. In order to do this, it is advisable to go to counseling to have the therapist get both parties on the same page. This is the time when each party can release their emotions and the therapist can move them in a direction of not reconciling but helping each party get past the hurt they carry to move forward. This can also be done in the collaborative divorce with the help of mental health coaches. The reason for this process is for the parties to be able to see the divorce more as a business transaction which should keep emotions out of the discussions. Once emotions come into the negotiation process, it makes settlement more difficult and the divorce process will remain adversarial, take longer and be more expensive.

It is also important to interview several attorneys before retaining them to make sure you have the best fit for your needs. Some attorneys are very aggressive in nature which will fuel the litigation thus resulting in more money in their pocket and less in yours for often fewer desirable results. Lastly, as my website portrays, you have options in a divorce. Therefore, not only should you minimize emotions, interview potential attorneys as they work for you, but you should also investigate whether collaborative divorce, mediation or litigation will be the best option for you and your family. I am happy to consult with you in an effort to decide the option that will work best and guide you through the process. You will not be alone and will see results that work.

Filed Under: Uncategorized

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Kate VanderBaan
VB LAW LLC
630-780-1048

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IL: 630-780-1048
AZ: 602-529-6332

From The Blog

Arizona here I come…

This has been a few years in the making, and I am very eager to dive right into family law practice in Maricopa County. My offices are located at 2390 E. Camelback Road, Suite 130, Phoenix, Arizona 85016 and 3133 W. Frye Road, Suite 101, Chandler, Arizona 85226. The office phone number is 602-529-6332. I […]

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ILLINOIS OFFICE

2020 Calamos Court, Suite 200
Naperville, IL 60563

Phone: 630-780-1048
Fax: 630-300-0565

ARIZONA OFFICES

2390 E. Camelback Road, Suite 130
Phoenix, Arizona 85016

3133 W. Frye Road, Suite 101
Chandler, Arizona 85226

Phone: (602) 529–6332
Fax: (630) 300-0565

Collaborative Divorce Illinois Fellow 2022

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