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Definition Counsel Fees Pendente Lite, Motion for - a motion by the wife requesting sufficient funds from the husband or the marital estate to prosecute or defend a divorce action.

Application in Divorce As it applied to divorce, a motion for counsel fees pendente lite happens when one partner, usually the wife, needs funds to prosecute or defend herself in litigation.

Courts entertain the motion for counsel fees pendente lite to level the playing field in a divorce action. The fees eventually come out the marital estate.

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Attorney Fees Taken Out of Marital Estate
When the attorney fees for a divorce come out of the marital estate, the chances of frivolous claims and expensive litigation are greatly reduced. The spouses realize that by litigating meaningless issues they are dwindling away at what could actually be shared.

Contributed on 6/27/2007 by: DivorceDex.com Staff
Category: Legal Fees (Applicable in All States)

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