Divorce Dex.com: Attachment; Motion for Attachment

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Definition Attachment; Motion for Attachment - a lien on personal or real property of a debtor seized by court order, which is known as a writ of attachment.

Application in Divorce Courts issue attachments to preserve martial assets that have not been divided. An adjunct to restraining orders, they are issued if there exists substantial risk that a restraining order would be violated. For example, if the marital home is in the husband’s name, and despite a restraining order to the contrary he sells it, a writ of attachment puts everyone on notice that the purchase includes the wife’s rights.

Most writs of attachment are issued ex parte, or without notice.

In a more generic sense, a schedule of additional information that is part of another legal document is often referred to as an Attachment. For example, a Final Divorce Decree or Judgment will often reference and incorporate and attachment which is the Marital Settlement Agreement.

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Attaching a Marital Settlement Agreement to a Final Decree or Judgement
This is very common and preferred by most courts, but by attaching the agreement it will be either incorporated and/or merged into the final decree or judgment. The acts of incorporating and merging have two unique legal meanings which should be understood before making this request to the court. As a rule of thumb, most agreements are incorporated and not merged into the final decree or judgment.

Contributed on 4/18/2007 by: DivorceDex.com Staff
Category: Agreements (Applicable in All States)

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