Worried About Your Spouse's Safety?

Can you involuntarily commit your spouse? In Florida, in some cases, yes. A spouse can ask a court to order an adult into involuntary assessment and treatment for substance use under the Marchman Act. Every family’s situation is different, so the steps that apply depend on the facts of each case. This page explains what the law allows, what a petition must show, and what the process looks like.

Why you are asking this question

You are asking because home no longer feels safe. Your spouse’s drinking or drug use may have crossed a line. A mental health crisis may have led to a hospital stay. Money may be disappearing, and bills may go unpaid. The children may be watching, and you may be the only adult holding things together.

You did not choose this. Your fears are real. You worry about harm to your children, about financial ruin, and about what happens if nothing changes. You may also fear losing your marriage and your family. Many spouses in this position want two things at once: real help for their partner and stability back in the home. Wanting to know whether a court can step in is a reasonable question at this stage.

The short answer: Florida allows a spouse to start the process for addiction

Yes, a Florida spouse can start the Marchman Act process for substance abuse. The law lets a spouse file a petition asking the court to order involuntary treatment services for an adult. Only a court can order that, and only after it finds the legal conditions are met.

Even then, the court decides after a hearing. No one can promise how that hearing will end. The court must find the conditions proven by clear and convincing evidence before it can order treatment (Fla. Stat. § 397.697). The law for this process is in Chapter 397, Florida Statutes.

Who can file, and what a petition has to show

A spouse can file. For an adult, the law lets the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse and of the respondent’s prior course of assessment and treatment file a petition (Fla. Stat. § 397.68112).

The petition must name your spouse and name you. It must state your relationship. It must also give the reasons you believe your spouse is impaired by substance use and has lost the power of self-control over that use (Fla. Stat. § 397.68141).

The petition must also show that your spouse is substance abuse impaired and has lost the power of self-control, and give the reason you believe your spouse has inflicted or is likely to inflict physical harm on themselves or others unless the court orders involuntary services (Fla. Stat. § 397.68141). Or your spouse’s refusal of care comes from judgment so impaired by substance use that they cannot see the need for help (Fla. Stat. § 397.68141).

Examples that line up with these criteria include overdoses, driving drunk with the children in the car, threats, lost jobs, and refusal of all help. Whether your facts meet these tests depends on the facts. Specific facts matter because the statute requires factual allegations.

What happens after a petition is filed

After a petition is filed, the court must schedule a hearing within 10 court working days, unless a continuance is granted (Fla. Stat. § 397.68151). Copies of the petition and notice go to your spouse, to you, and to others the court directs.

The petition is filed with the clerk in the county where your spouse is physically located. The clerk may not charge a filing fee (Fla. Stat. § 397.681). Location matters. Under Fla. Stat. § 397.681(1), a petition must be filed with the clerk of the court in the county where the person is located.

Courts have jurisdiction over involuntary treatment petitions for substance abuse impaired persons, and the rule letting a judge act on the petition alone in an emergency is in a different section, Fla. Stat. § 397.6818. The court may enter an ex parte assessment and stabilization order without first appointing an attorney (Fla. Stat. § 397.6818). A provider generally may hold a person for no more than 72 hours of observation, with listed exceptions.

Under Fla. Stat. § 397.6957(3), testimony at the hearing must be taken under oath, and the proceedings must be recorded. Family members who know your spouse’s history can testify. Under Florida law, your spouse must be present at the hearing unless the court finds that he or she knowingly, intelligently, and voluntarily waived the right to be there, or that attending would be inconsistent with his or her best interests or likely to be injurious to self or others.

Our guide to involuntary commitment for addiction in Florida covers the full timeline.

When the problem is mental illness rather than substance use

If your spouse’s main problem is a mental illness, the route can be different. Florida’s involuntary examination rules for mental illness are found in Chapter 394 of the Florida Statutes. Under the Marchman Act, which governs substance abuse rather than mental illness, when the petitioner asserts that emergency circumstances exist, or the court determines that an emergency exists, the court may rely solely on the contents of the petition and, without the appointment of an attorney, enter an ex parte order for the respondent’s involuntary assessment and stabilization, which must be executed while the hearing on the petition for treatment is pending (Fla. Stat. § 397.6818). Under Section 397.6818(4), if your spouse does not appear at the hearing and the court reasonably believes the commitment criteria are met and a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order valid for 90 days.

Guardianship is another tool, and it works differently. A petition to determine incapacity must be verified. It must give the person’s details, the facts behind the petitioner’s belief, and the next of kin. If an emergency temporary guardian is sought, a copy of that request must be filed with the petition (Fla. Stat. § 744.3201).

Some families face both problems at once. Florida’s Marchman criteria cover a substance use disorder with a co-occurring mental health disorder (Fla. Stat. § 397.675). Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, so a psychiatric crisis can be matched to the right route.

Protecting the children and the household while you decide

If someone is in immediate danger, call 911 first. That includes your children. A crisis call comes before any legal step.

Start a dated written record. Note each incident, medication problem, missed payment, threat, and refusal of help, with dates and times. A written log helps you recall specific facts when you speak with a lawyer or the court.

Protect the money. Keep copies of tax returns, bank statements, insurance policies, and important papers in a safe place. Where you can, separate your bank accounts.

Protect your own footing. Don’t confront your spouse alone during a crisis. Plan a safe room and a safe exit for the children. Ask a trusted adult to sit with the kids when things escalate.

Talk with Robinson Casey about your situation

Carrying this alone is heavy, and you don’t have to sort out the court process by yourself. Robinson Casey is a Florida law firm that focuses on Marchman Act petitions and guardianship matters. It serves families across South Florida and statewide, including Miami-Dade County. Richard J. Casey III, Esq. is the responsible lawyer for this page.

If you want to talk through your facts, request a consultation or call (561) 849-4700. The first consultation is free, confidential, and without obligation.