Answers, in plain English.
The questions clients ask us most often — about working with us, and about the specific areas of law we handle. If your question isn't here, the consultation is the right place to ask it.
$100 for a one-hour consultation — credited to your retainer if we take your case.
Working with Richards & Richards
Do I really need a lawyer, or can I handle this myself?
Sometimes, yes — and if we think that's your situation, we'll tell you. Simple uncontested divorces, small estate plans, and minor traffic matters can sometimes be done without an attorney. Anything with the other side represented, anything with kids involved, or anything that could land on your record — call us first.
What does a consultation cost — and what does it include?
$100 for one hour, in person at our Ogden office or virtually by appointment. If we take your case, the $100 is credited to your retainer.
You walk us through what's happening, we give you our honest read on the strengths and weaknesses, we outline next steps in writing, and — if we're the right fit — we explain how we'd represent you. If we're not, we point you to an attorney we'd trust. Either way, you leave with a clearer picture, and you're never pressured to sign anything in the room.
How will you handle communication during my case?
The number one complaint we hear about other firms is some version of "my last lawyer just went silent." That's the failure mode we built our intake and case-handling process to avoid. Calls and emails: we aim to respond within 24 business hours. Significant changes: you hear from your team directly, usually the same day. We handle communication in English, Spanish, and Portuguese, and our urgent line is answered around the clock for arrests and immigration emergencies.
Do you offer payment plans?
For most matters, yes — and we'd rather work out something that fits your situation than turn good clients away. Flat-fee work usually has a payment-plan option built in, hourly matters use a written retainer agreement, and Affirm financing is available where it makes sense. We discuss what's possible at the consultation, in writing, before you commit.
Will I work directly with an attorney, or with a paralegal?
Both, depending on the task. The attorney on your case handles strategy, court appearances, negotiations, and any decision that materially affects your outcome. Day-to-day case work is often handled by an experienced paralegal who is fully briefed on your matter and works alongside the attorney. You'll know who's on your team and how to reach them, and you can speak with the attorney directly when you need to.
What languages do you handle consultations in?
English, Spanish, and Portuguese. Our founder Kevin G. Richards is trilingual, and our intake and client-relations team includes Portuguese and Spanish speakers. We regularly handle full consultations and ongoing case communication in all three languages — no third-party interpreter required.
Divorce, custody, support, and protective orders
Do I need a lawyer for an uncontested divorce?
Sometimes no. If you and your spouse genuinely agree on everything, don't have kids, don't own real estate together, and your finances are simple, you can file the paperwork yourself through Utah's online divorce portal. If any of those conditions aren't true, the $100 consultation is cheaper than a mistake on the decree you'll have to re-litigate later.
Can I move out of state with my child?
Only with the court's permission or the other parent's written agreement. Utah's relocation statute is strict — if you move without either, you can lose primary custody. If you have a legitimate reason to move (job, family, safety), we help you file the motion the right way.
How long does a divorce take in Utah?
Utah requires a 30-day waiting period from when you file. After that: an uncontested divorce with a written agreement typically wraps in 30 to 90 days. A contested divorce can run from 6 months to 18 months or more — the actual timeline depends on extenuating circumstances, case complexity, and the litigiousness of the parties.
What happens if my ex stops paying child support?
Two options. The Office of Recovery Services (ORS) can garnish wages, intercept tax refunds, and suspend licenses — free, effective, but slow. A private enforcement motion is faster but costs attorney fees. Often we do both in parallel.
Does adultery matter in a Utah divorce?
Legally, less than people think. Utah is a no-fault state. But fault does matter for alimony — "fault contributing to the divorce" is one of the seven Jones factors. And if marital money was spent on the affair, that can affect property division.
How much does a divorce cost at Richards & Richards?
A simple uncontested divorce is generally handled on a flat fee — we tell you the number before you sign anything. Contested divorces are hourly, with written estimates at each phase. All rates are disclosed in writing at the consultation. Nothing gets billed that you didn't agree to.
Can you handle a divorce with a Brazilian or Spanish-speaking spouse?
Yes. Jaime speaks Portuguese, and three other attorneys at the firm — Kevin, Carl, and Roy — speak Spanish. We regularly handle cross-cultural and multilingual divorces, including cases with parallel proceedings abroad. Consultations happen in the language you're most comfortable in.
What counties do you serve?
We're based in Ogden and take family-law cases across Weber, Davis, Box Elder, and Cache counties — and the surrounding Utah counties within roughly a 100-mile radius. We've handled cases as far as Salt Lake County, Provo, and Park City when the matter warranted it.
Arrests, charges, and protecting your record
My family member was just arrested. Can I bail them out?
Maybe. Bail isn't set until the initial appearance, which happens within 24 to 48 hours of booking. Once it's set, you can post it through a bail bondsman (usually 10% of the bail amount, non-refundable), or in full with the court. Often the first thing Carl does is argue for a lower bail — or release on recognizance — at that initial appearance. Call us before you call a bondsman.
They want to interview me — should I do it?
Almost never without a lawyer. Officers are trained in interview techniques designed to get statements that hurt you. Even if you're completely innocent, what you say can be taken out of context. If we decide an interview makes sense, we're there for it. If not, you have an absolute right to decline.
Will I lose my driver's license after a DUI?
Usually, yes — at least temporarily. A Utah DUI triggers two separate processes: a criminal case and a Driver License Division (DLD) administrative hearing. You have 10 days from the arrest to request the DLD hearing. Miss that window and the suspension is automatic. We request the hearing as step one of the DUI defense.
Do I need a lawyer for a misdemeanor?
It depends on the charge. A minor traffic infraction, probably not. A Class A or Class B misdemeanor — anything that could put you in jail, cost a professional license, or show up on a background check — yes. "Just a misdemeanor" pleas haunt people at job interviews, rental applications, and immigration proceedings for years.
I've been charged with domestic violence but nothing happened. Why?
Utah law requires an officer to make an arrest if there's probable cause at a domestic call — even if the alleged victim doesn't want charges filed. The case is then out of their hands; the prosecutor decides whether to pursue it. There's a real defense here, but it requires showing up at the right moment with the right motion. Call us immediately.
Can I get this off my record?
Many Utah convictions can be expunged after a waiting period — typically 3 to 7 years after completing the sentence, depending on the offense. Some can't; others qualify for "record sealing" rather than expungement. We screen your record when you hire us, or as a standalone service.
How much does it cost to hire you for a DUI?
First-offense DUI defense is usually handled on a flat fee — we quote the number in writing at the consultation. A felony, multiple charges, or a case going to trial is hourly with a written estimate. No games, no "we'll figure it out later."
Green cards, citizenship, asylum, and deportation defense
Will I get deported if I apply for a green card?
Usually no — but the answer depends on whether you have any "inadmissibility" issues (unlawful presence, a criminal record, a prior immigration violation) that could be flagged when USCIS reviews your file. That's why the consultation matters: we assess the risk before you file anything, not after.
How long does a green card take?
Depends on the category. A spouse of a U.S. citizen filing from inside the U.S.: typically 12-24 months right now. A sibling of a citizen: can be 10+ years because of quota backlogs. We check the current Visa Bulletin at the consultation and give you an honest timeline.
Can I get citizenship if I have a criminal record?
Sometimes, sometimes not — it depends on the nature of the conviction, how long ago it was, and where you are in your "good moral character" period (typically the 5 years before filing the N-400). Some crimes are absolute bars. Some can be overcome. We'll tell you which yours is.
My DACA expires soon. Should I renew?
Almost always yes, and the earlier the better. USCIS can take 3-5 months to process a renewal — and if DACA policy changes while your renewal is pending, the filing date often governs. Don't wait.
Can you help me apply for asylum?
Yes, with an honest assessment. Asylum requires a credible fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Not every hardship qualifies, and the bar has gotten higher. We assess whether your case fits the legal standard before we take it.
What happens if ICE comes to my door?
You do not have to open the door unless they present a warrant signed by a judge (not an ICE administrative warrant). You have the right to remain silent and to refuse to sign anything without a lawyer. Call us immediately, day or night, on the urgent line. We can often intervene within hours.
Do you handle Brazilian immigration specifically?
Yes. Kevin and Jaime both speak Portuguese, and we maintain a dedicated Portuguese-language page — Visto Seguro — for Brazilian clients. We regularly handle B-1/B-2 to adjustment-of-status cases, family petitions between the U.S. and Brazil, and parallel-jurisdiction matters.
Wills, trusts, powers of attorney, and probate
Do I really need a trust, or is a will enough?
For most people, a will plus correctly titled accounts and beneficiary designations does 90% of what a trust does — for a quarter of the price. A trust becomes genuinely useful when you own real estate (it avoids probate), have a blended family, have minor beneficiaries, have a child receiving needs-based benefits, or want specific control over when and how assets are distributed. If a trust isn't right for your situation, we'll say so.
What happens if I die without a will in Utah?
Your estate is distributed according to Utah's intestacy statute, which makes fixed assumptions about who gets what. If you're married with kids from the marriage only, your spouse typically inherits everything. If you have kids from a prior relationship, the statute splits things in ways most people wouldn't choose.
How often should I update my estate plan?
Formally: every 3-5 years, or whenever something material changes — a marriage, divorce, birth, death in the family, buying/selling real estate, starting or selling a business, or moving to a new state.
What's a power of attorney, and do I need one?
A durable power of attorney lets someone you trust manage your finances if you can't — because of illness, injury, or incapacity. Without one, your family may have to go to court for a conservatorship, which is expensive, slow, and public. Every adult should have a durable POA.
If I have a trust, do I still need a will?
Yes — usually a "pour-over" will, which catches anything you forgot to title into the trust and directs it there. It's a safety net. Every trust-based estate plan includes one.
Can we do this without coming into the office?
Yes. We do virtual and in-home estate planning consultations regularly — especially for clients with mobility limitations or who live outside Ogden. Documents still require wet signatures and notarization, but we can arrange a signing at your home or a notary close to you.
I was named executor and I have no idea what to do. Can you help?
Yes. This is one of the most common calls we get. We can handle the probate for you end-to-end, or coach you through a simpler estate where you're comfortable doing the filings yourself.
Whatever you're facing, start the conversation. Get your strategic game plan.
A $100 consultation with us is an hour. You walk in with a problem. You walk out with a plan — and if we're not the right firm, a direction to the one that is.
We'll call you back within 24 business hours. Consultations available in English, Spanish, or Portuguese.