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Term Definition Incompetence - when a party becomes incapable of managing his or her affairs, usually for mental reasons.
Application in Divorce In general, the guardians of mentally incompetent people may not file actions on behalf of incompetents."

A few states (including Florida) have statutes permitting divorce actions on behalf or incompetent people.

While mental incapacity does not prevent a defense in a fault-based action. In actions where a mentally incompetent person is a defendant, the court normally appoints a guardian.

While incompetent people in general may not fraud or a party’s legal incompetence at the time of the marriage.