這離婚是否走進死胡同？ 還有救嗎？

以前發過貼子， 為了防止再回去讀長貼，大體情況敘述入下：

經過幾年的過程，四年無聯係， 去年夏天終於兩人達成協議，離婚，無任何財產糾紛，互不拖欠，隻是一個4歲小孩（從未見過父親）由我撫養，男方放棄父親權利，我永久放棄撫養費。 雙方及雙方律師都在協議書上簽字。

眼看希望來了。由於種種原因，從去年八月到今年一月無任何進展。好不容易一月份開始能繼續。男方律師卻不再回應我的律師（根據我律師的說法）， 經我查證，男方一月失去IBM工作，房子被銀行收回，欠債無數。估計是無錢付律師。而且當初因為工作好，賺錢多，不願意付撫養費，現在不知道怎麽想。無人可聯係上他。我查到一個他的現住地址。

我的律師現在又要錢。我很生氣也很無奈。我告訴律師，我可以付錢，可是要給我說說你的計劃，下一步要做什麽。 她回信說的準備很多資料，我都可以理解也可以付錢，隻要讓我離婚。可是我知道我的律師以前幾次做錯，把我的案子複雜話，以至於拖了幾年。現在我的案子就像又回到起點。

我讀了律師的計劃，有幾點不明白：

1）我的律師說要讓男方做notary.  這個說法讓我心涼透了。 我回信給律師說，如果早知道要他做NOTARY, 為什麽去年簽協議的時候就沒要求他做？現在找不到他人，他又不請律師，又沒工作，以前他就從不回我律師的信，電話，你怎麽可能再要求他去做Notary? 這反反複複的白費功夫，錢就不說了，估計又要一年過去了也沒結果。

2）我真想算了，不離婚了，一輩子就這麽拖著吧。可是看著4歲的兒子活潑可愛，可是永遠沒辦法帶他回中國或者其他國家旅遊，怎麽辦呢？

3）請問如果男方不配合，不回應，隻有一個簽的協議，可以離婚嗎？我最糾結這點，因為怎麽想就沒有希望了。

4）當然如果此時男方不再承認那個協議也可能，因為他現在沒工作沒工資，不再怕付什麽撫養費了。

 

大體情況如此，我律師的信在下麵，挺長，有興趣的可以看看：

 

2月26日的郵件：

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日的郵件： 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： 

• 回複：這離婚是否走進死胡同？ 還有救嗎？ -apt- ♂ (349 bytes) () 03/03/2012 postreply 15:57:54

• 謝謝您一如既往的幫助！ -howlongwaiting- ♀ (0 bytes) () 03/19/2012 postreply 18:52:48