Your Spouse Refuses Treatment? Get Clear Guidance From a Marchman Act Attorney

Living With a Spouse’s Drinking When the Kids Are in the House

If your spouse won’t go to rehab and drinking or drug use has made home unpredictable, you may be carrying more than you can manage alone. A Florida court can order a person into assessment and treatment when the legal criteria are met. The Marchman Act is the process that covers substance use.

Money feels tighter every month. Moods shift without warning. You may wonder what the children have seen and whether it will happen again. You may know things can’t keep going this way, but not know what the law allows.

This page explains the process in plain terms. It covers who can start it, how a case moves, what to write down now, and what to consider when the main problem is a mental health condition.

What the Marchman Act Does and Who Can Start It

A spouse can file a Marchman Act petition for an adult who has substance abuse impairment. The law lists who may file, including the respondent’s spouse, any relative, and a service provider. Fla. Stat. § 397.68112 sets out that list.

The person named in the petition is called the respondent. Under Fla. Stat. § 397.681, the respondent has the right to counsel at every stage, although the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Under Fla. Stat. § 397.681(2), a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment.

A Marchman case is a health-care court process. It is separate from divorce or custody matters, which follow their own rules.

How a Marchman Act Case Moves, Step by Step

A Marchman Act case starts with a written petition. The court must set a hearing within 10 court working days unless a continuance is granted. Fla. Stat. § 397.68151 sets that timing.

1. Sort the facts. List who lives in the home, what has happened, and when. A first consultation is a good time to organize this.
2. Prepare the petition. It must name the respondent and the petitioner, state your relationship, and name the respondent’s attorney if known. It must also state the facts behind your belief. Fla. Stat. § 397.68141 covers those contents.
3. File in the right county. The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee. Under Fla. Stat. § 397.681(1), such petitions must be filed with the clerk of the court in the county where the person is located.
4. The respondent must attend unless the court accepts a knowing waiver or, after receiving proof of service and evaluating the circumstances, finds that attendance is inconsistent with the respondent’s best interests or likely to be injurious to self or others. The court hears relevant evidence, including family members’ testimony. Fla. Stat. § 397.6957 covers these rules.
5. The court decides. The court must find the conditions proved by clear and convincing evidence before ordering treatment. An order can last up to 90 days. Fla. Stat. § 397.697 sets that limit.
6. Discharge can come sooner when the legal grounds no longer exist. Fla. Stat. § 397.6971 explains early release.

The petitioner carries the burden of proof.

Building the Record: What to Document Now

Start a dated, factual log now. A petition has to rest on specific facts, not general worry.

• Episodes at home. Note the date, the time, what happened, and who was present.
• Incidents involving the children. Write what you saw or heard, not what you assume.
• Missed work and unpaid bills. Keep the statements and notices.
• Emergency contacts. Record any call to police, a crisis line, or a hospital, with dates.
• Texts, voicemails, and photos. Save the originals and keep copies somewhere safe.

Stick to what you saw or heard. Facts are easier to check than opinions. The petition must state the factual reasons for your belief, as Fla. Stat. § 397.68141 requires.

Weak petitions can fail. In D.H. v. K.J.R., a Second District court held that an emergency order was improper when the petition did not show a good faith reason to believe the criteria were met.

If anyone is in immediate danger, call 911 first. Safety comes before paperwork.

Your Fears, Answered Honestly

A Marchman Act petition is built for the case where a spouse won’t seek help on their own. Here are the fears this process raises, answered as plainly as the law allows.

• “What if my spouse refuses treatment?” Refusal alone is not enough. The petition must show why you believe your spouse is substance abuse impaired and, because of that, has lost the power of self-control with respect to substance abuse, and it must then rest on either of two grounds. One is that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders services. The other is that the refusal to voluntarily receive care comes from judgment so impaired by substance abuse that the respondent cannot appreciate the need for care or make a rational decision about it.
• “Will this end my marriage?” It is a treatment court process, not a divorce. Divorce and custody questions follow their own rules.
• Attorney fees and other costs are real, and the total depends on the facts of your case.
• “What if nothing changes?” If the service provider believes your spouse still meets the criteria for involuntary services near the release date, a petition for renewal must be filed before the court-ordered services period expires. The service provider can file it, or you can if you filed the first petition and your petition is accompanied by supporting documentation from the service provider. The court may order up to an additional 90 days under Fla. Stat. § 397.6975. A petition asks a court to act. It cannot promise your spouse will change. A petition asks a court to act. It cannot promise your spouse will change.
• “Will my spouse find out and retaliate?” Your spouse receives notice and a hearing. Petitions and court records are confidential, and the clerk may not publish personal identifying information. Fla. Stat. § 397.6760 covers these protections.

Other Court Tools When the Situation Is Different

If a mental health condition is the main problem, a guardianship matter may be the path to discuss. Robinson Casey handles several guardianship types.

• Mental health guardianship. A court route for a loved one whose mental health needs call for court-supervised decisions.
• Emergency temporary guardianship. An option for urgent situations that need quick court action.
• Limited guardianship and plenary guardianship. These differ in how much authority the court gives the guardian, so the right one depends on the facts.
• Involuntary commitment for addiction. This is the Marchman Act process described above.

When substance use and mental illness occur together, the Marchman standard itself covers a co-occurring mental health disorder.

Which tool fits depends on the facts. A consultation is where those facts get reviewed. If your situation falls outside these areas, our team will say so.

Why Robinson Casey for This Matter

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. It serves families across South Florida, including Miami-Dade, and statewide.

• Focus. Because the work centers on these two areas, a consultation can stay on the questions your household faces.
• Responsible lawyer. Richard J. Casey III, Esq. is the lawyer responsible for this page.
• Support staff. Our team includes assistants and office staff.
• Confidential handling. Marchman petitions and related court records are confidential under Florida law.
• The first consultation. It is free, confidential, and carries no obligation to continue.

Frequently Asked Questions

Talk to Robinson Casey About Your Household’s Situation

If you’re carrying this household alone while you weigh your options, you don’t have to work out the court process by yourself. Request a consultation or call (561) 849-4700 to talk through your spouse’s situation and your children’s safety.