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Term Definition
Mental State of Mind
- the intent of a party at the time of a specific action.
Application in Divorce
Mental state of mind (or mental state) refers to the capacity or condition of a person’s mind, particularly whether he or she is able to do or not to do a certain act. The term includes situations of mental capacity or competence, capacity and insanity as well as a variety of meaning in criminal situations.
In divorce actions, the intent of a
negligence
must be established.
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