In Re the Marriage of Davis

Wife appeals from a judgment denying her request to set aside a stipulated dissolution judgment. Wife argues that she was not mentally competent at the time that she stipulated to the judgment and that the trial court erred in finding otherwise; in particular, she asserts that the trial court applied the wrong legal test in determining her competency. We review the trial court’s choice of legal standard for errors of law and affirm.

In denying wife’s motion, the trial court noted that courts have applied two tests to determine mental competency in similar circumstances: the “cognitive test”…