FAQS

How can an attorney help me with my case?

Our attorneys begin with a one-on-one consultation, either in person or over the phone, to discuss the details of your case and determine how we can help. We can then discuss your rights, the legal avenues available to you, possible outcomes, and our fees. If you choose to retain one of our attorneys, we will draw up a contract and begin work immediately. We will work closely with you through every step of your case and keep you informed so you know what to expect.

Is my consultation confidential?

Yes. Even if you choose not to retain one of our attorneys, everything we discuss during your initial consultation is confidential. Unless you provide informed consent, we will not disclose any information to any third party.

Does Richards & Richards Law Firm, PLLC practice family law?

Yes. We have attorneys on staff who have extensive experience in handling matters of family law. Our family lawyers in Ogden can handle custody issues, adoption cases, and divorce proceedings so your rights are protected, and the entire process is less stressful for you.

What do I do after I file a personal injury lawsuit?

It depends on what type of injury you sustained. For instance, filing a personal injury suit after a car accident is a different process than filing a medical malpractice suit against a doctor or hospital, or filing a slip-and-fall lawsuit against a retailer.

In general, you will work closely with one of our attorneys to gather documentation to support your claim. This may include providing medical documentation, signing HIPAA releases, and possibly undergoing an independent medical examination. Depending on your injuries and the damages you’re seeking, you may need to visit a psychologist or psychiatrist, and other medical specialists or professionals.

You may need to obtain documentation from your employer about your ability to work post-injury. You and your family, colleagues, and witnesses to the accident may need to sit for depositions. We will inform you about every step of the process, so you know what to expect.

Do you give legal advice over the phone?

Unfortunately, we do not give legal advice over the phone because there are too many variables and unseen factors we can’t account for. We recommend that you make an appointment and come into our office to discuss your situation in person.

Is there a fee for obtaining legal services?

Yes. Our legal services will be billed via retainer, fee-based, or hourly rate.

How do I establish paternal rights?

You will need to complete and file a Notice of Commencement of Paternity proceeding form with the Utah State Office of Vital Records. If paternity hasn’t been established, you and your child(ren) will need to undergo paternity testing via DNA. Once paternity is established and legally recognized via court order, both parents are legally granted the same rights and responsibilities under the law, and you can begin the process of petitioning for visitation, custody, and/or child support.

What should I do to prepare for divorce?

Make sure you have all your documentation in order. Depending on the complexity of your divorce case, you may need financial documents and statements, information about your children’s education and schedules, and documentation of any of the claims you plan on making throughout the divorce proceedings.

How long will my divorce or family law matter take?

It depends on the complexity of your case and the willingness of both parties and their family law attorneys to settle the matter quickly. In general, an uncontested divorce in Utah takes around three months to complete. If your divorce is contentious, involves complex custody or financial arrangements, or if parties are slow to agree on important matters, it can take nine months or longer. The divorce waiting period in Utah is 30 days, so even the simplest divorce proceeding will at least take that long.

What are class action, civil suits, and criminal suits?

A class-action lawsuit is one that is brought about by more than one person, or on behalf of a group of people making the same claim(s). There may be more than one lawyer working on the case, but they are working together towards the same goal. All parties must share similar legal issues and there must be enough individuals involved that it would be taxing for the court to hear separate lawsuits.

A civil lawsuit is one brought about by a person or representative for a person who has been deprived of their rights. Civil litigation can establish fault and award compensation to the wronged individual. Civil lawsuits do not establish guilt or innocence or result in jail or prison sentences; instead, they result in a monetary award.

A criminal lawsuit is brought by the state against an individual who has broken the law, and the suit is filed by the district attorney. Being found guilty in a criminal case may result in jail time or monetary fines. In a criminal lawsuit, guilt beyond a reasonable doubt must be proved by the prosecutor.

How are division of marital assets and debts decided?

A judge will consider the length of the marriage, how assets and debts were acquired, and the means and needs of each party. If a debt was incurred on behalf of the child(ren) or the marital union, the judge is more likely to require both parties to pay it; however, if one party is destitute or doesn’t have the means to pay a debt, the judge may order the more financially solvent party to pay. Negotiating the division of debts and assets can also be a strategic tool used to bargain for other elements of the divorce case, like custody or other contentious issues.

Can I have visitation rights without paying child support?

Yes. In Ogden, Utah, custodial parents may not withhold parenting time and visitation even if child support is not being paid or is paid late.

Are there other options for me?

Yes. If you decide not to use our legal services at Richards & Richards Law Firm, PLLC, if we aren’t the right fit, or if we don’t work in the appropriate area of law, we are happy to refer you to a reputable attorney in our network. If your situation cannot be solved via legal avenues, we will discuss other options with you.