这离婚是否走进死胡同？ 还有救吗？

以前发过贴子， 为了防止再回去读长贴，大体情况叙述入下：

经过几年的过程，四年无联系， 去年夏天终于两人达成协议，离婚，无任何财产纠纷，互不拖欠，只是一个4岁小孩（从未见过父亲）由我抚养，男方放弃父亲权利，我永久放弃抚养费。 双方及双方律师都在协议书上签字。

眼看希望来了。由于种种原因，从去年八月到今年一月无任何进展。好不容易一月份开始能继续。男方律师却不再回应我的律师（根据我律师的说法）， 经我查证，男方一月失去IBM工作，房子被银行收回，欠债无数。估计是无钱付律师。而且当初因为工作好，赚钱多，不愿意付抚养费，现在不知道怎么想。无人可联系上他。我查到一个他的现住地址。

我的律师现在又要钱。我很生气也很无奈。我告诉律师，我可以付钱，可是要给我说说你的计划，下一步要做什么。 她回信说的准备很多资料，我都可以理解也可以付钱，只要让我离婚。可是我知道我的律师以前几次做错，把我的案子复杂话，以至于拖了几年。现在我的案子就像又回到起点。

我读了律师的计划，有几点不明白：

1）我的律师说要让男方做notary.  这个说法让我心凉透了。 我回信给律师说，如果早知道要他做NOTARY, 为什么去年签协议的时候就没要求他做？现在找不到他人，他又不请律师，又没工作，以前他就从不回我律师的信，电话，你怎么可能再要求他去做Notary? 这反反复复的白费功夫，钱就不说了，估计又要一年过去了也没结果。

2）我真想算了，不离婚了，一辈子就这么拖着吧。可是看着4岁的儿子活泼可爱，可是永远没办法带他回中国或者其他国家旅游，怎么办呢？

3）请问如果男方不配合，不回应，只有一个签的协议，可以离婚吗？我最纠结这点，因为怎么想就没有希望了。

4）当然如果此时男方不再承认那个协议也可能，因为他现在没工作没工资，不再怕付什么抚养费了。

 

大体情况如此，我律师的信在下面，挺长，有兴趣的可以看看：

 

2月26日的邮件：

I am in receipt of your emails from last week and your telephone messages from this week.  I apologize for just now responding.  I have been in and out of court all week as well as various meetings.  I have done a few things in your case to make sure we can still proceed with your divorce even if S's attorney is no longer on the case or even if S never cooperates with us.  I went ahead and filed the July 25, 2011 Settlement Agreement  That agreement was signed by everyone, but S's attorney never sent it to the Court for filing.  I have attached a copy of the file-stamped Settlement Agreement for your personal file. We can still move forward with your case.  I can do so even though S's attorney is still on the case.  And if S's attorney withdraws from the case, that is okay because it doesn't change anything that I have to do to get you the divorce.  We previously agreed that S's attorney will do all of the paperwork for  to sign agreeing to terminate his rights to your son and do a research paper for the Judge answering the Judge's question on whether or not the Judge can terminate S's parental rights in the divorce case at the same time.  All that I was supposed to do was to draft the divorce decree and then take you to Court with me to get it signed.  Now, I have to do everything and that will cost you more attorney's fees to complete the case since S's attorney is no longer cooperating.   As such, I need you to deposit with us $3,500 before I can continue.  You currently have a balance of $170.50 from the January 2012 billing statement.  You will need to pay that amount too.   Let me know if we need to talk about this email and we can set up a telephone conference to do so next week.   3月1日的邮件： In response to your question number 1, I'm not sure if I understand your question, but my guess is that you're wanting to know why we need to do all of the documents I previously mentioned to you in order to finish your divorce case, right?  Every divorce requires a court order and that court order is called a Final Decree of Divorce.  Someone has to draft the court order and give it to the Judge to sign.  Because S's attorney is not responding to me and if you want to proceed with the divorce, then I will have to draft the divorce decree and another document asking the Judge to sign the decree we give him since the other side is not cooperating.  Also, I will have to draft two other documents that are needed in your case since we will be terminating S's parental rights.  That document is a voluntary relinquishment of parental rights that Scott will need to sign in front of a notary public asserting he understands he does not have to give up his rights to your son, but he has done so because he believes it is the best thing to do and that no one has forced him to do give up his rights.  It's a legal document required in the State when the parent wants to terminate his/her parental rights to a child.  I do not know why the Court requires two different document to accomplish your goal of getting a divorce, but that is simply how it is when we are also terminating a parent's rights.  Remember that under normal circumstances, most couples do not get a divorce and include the termination of parental rights too.  Your case is unique in that we are doing a termination too.   The third document is not required by state law, but instead it is requested by the Judge.  Because it is not normal that a couple would get a divorced and then have one of the parents terminate his/her parental rights at the same time that the Judge wants the attorneys to provide legal research to him making sure he can do what we are asking him to do on the date of your divorce.  Other Judges have terminated a parent's parental rights during a divorce before.  However, the Judge that is assigned to your case has not done it before, so that's why he's asking for more information to make sure he doesn't do anything wrong.  This research was supposed to come from S's attorney, but now I have to do it because S's attorney is not responding to me and you want to proceed with the case.  Basically, you cannot get a divorce unless we have a divorce decree.  And if you still want S to terminate his parental rights, then we need the voluntary relinquishment document too. In response to your question number 2, I cannot guarantee you a certain amount of how long or how much it'll be to finalize your case.  All I can do is give you a rough estimate, which is why we are asking for a retainer deposit.  If we are able to finish everything for under $3,500, then that money comes back to you.  If not, then I will let you know how much more money you need to put on deposit with us.  My estimation of the time and cost to finish your case at this point (assuming we do not have any more interaction from S and his attorney) is as follows: 1.  draft a motion to enter - 1 hour; 2.  draft an order granting motion to enter - 1 hour; 3.  draft a divorce decree - 6 to 8 hours; 4.  draft a voluntary relinquishment of parental rights - 2 to 3 hours; 5.  draft research paper for the Judge on the issue of parental termination including the research time - 2 to 3 hours; 6.  prepare for the hearing to do a motion to enter to get the Judge to sign the decree - 1 hour; and 7.  attend the hearing - 2-3 hours. Again, the above stated list does not include tasks that we have to do like communicate with S's attorney, provide notice to the other party about the hearing, the completion of various documents required under the law when someone gets a divorce, etc.  Those are administrative tasks, so they should really be no more than a few hours.  Please be reminded that I typically charge $210 per hour on all of my cases.  To help you out, we are only charging you $100 per hour.  In response to your question number 3, I cannot guarantee you 100% that what I intend to do as the next steps in your case to get you a divorce and termination of S's parental rights will work because you just never know what the Judge will do.  However, I am confident that it will accomplish the goal because the Judge is very reasonable as long as I give good explanations for why we are taking certain steps.  This Judge knows your case and he knows how much problem we have had already, so I wouldn't be surprised if what I suggest to do will work.  Everything I have suggested so far to the Judge in your case has worked because the Judge understands what is going on and you do have a unique situation. I hope this explanation helps.  Let me know if we need to talk by telephone.

所有跟帖： 

• 回复：这离婚是否走进死胡同？ 还有救吗？ -apt- ♂ (349 bytes) () 03/03/2012 postreply 15:57:54

• 谢谢您一如既往的帮助！ -howlongwaiting- ♀ (0 bytes) () 03/19/2012 postreply 18:52:48