Guidance for Miami Families Facing a Spouse's Substance Use Crisis

When Drinking at Home Puts the Children at Risk

Florida’s Marchman Act lets a spouse ask a court to order an assessment of an adult with a substance use problem. If the legal criteria are met, the court can also order treatment.

Your spouse drinks at home with the kids there. Some nights you can’t tell what mood you’ll walk into. The bills are falling behind, and you feel like you carry everything alone.

You may fear harm to your children, money running out, and a marriage that keeps getting worse. Those fears are reasonable. A consultation can help you think through your options before you decide anything.

What the Marchman Act Lets a Spouse Do

A spouse can file a petition asking a court to order an assessment of an adult, and treatment if the court finds it is needed. Florida Statutes § 397.68112 names the spouse as one of the people who may file.

The Legislature describes substance abuse impairment as a disease that affects the whole family. Florida Statutes § 397.305

Florida Statutes § 397.675 sets out the rest of the test.

What a Petition Is Not

A Marchman Act petition is not a divorce, a custody case, or a criminal charge against your spouse. It asks a court for assessment and treatment. It does not ask the court to end the marriage.

Keep these matters apart. A petition about drinking does not decide where the children live or how parenting time works. Custody questions need their own handling.

Guardianship is also a separate matter. If your concerns reach beyond substance use, they may call for a different process.

What Evidence a Judge Looks For

A judge looks for specific, recent facts. General complaints are not enough. The petition must state why you believe your spouse is impaired, has lost self-control, and either is likely to harm himself or herself or others unless the court orders treatment, or refuses care because impaired judgment keeps him or her from appreciating the need for care and making a rational decision about it. Florida Statutes § 397.68141

Strong facts look like this:

• Dates, times, and what happened, such as a drinking episode while the children were home
• Falls, injuries, missed work, or unsafe driving
• Who saw it, and whether that person can testify
• Police, hospital, or emergency visits
• Whether treatment was offered and refused

Family members who know the adult’s history can testify at the hearing. Florida Statutes § 397.6957 The court shall hear and review the results of the clinical assessment. Start a private log now. Write down the date, the time, and who was present.

How the Process Works and What the Hearing Involves

A petition is filed with the clerk of court in the county where the adult is physically located. Florida Statutes § 397.681 The clerk may not charge a fee to file it. Under Fla. Stat. § 397.681(1), an involuntary treatment petition for a substance abuse impaired person must be filed with the clerk of the court in the county where the person is located. J.P. v. J.N.

1. Consultation. We review the facts, your timeline, and whether a petition fits your situation.
2. Filing. The petition is filed with the required contents.
3. Notice. The court schedules a hearing within 10 court working days unless it grants a continuance. Your spouse receives a copy of the petition and notice. Florida Statutes § 397.68151
4. Assessment. The court generally cannot order treatment without a clinical assessment, unless the adult waives it in court.
5. The adult may refuse to testify and has the right to counsel.
6. Order. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days. Florida Statutes § 397.697

In an emergency, the court can enter an assessment order based on the petition alone. Florida Statutes § 397.6818

What a Petition Cannot Do

A petition cannot make your spouse stop drinking. No filing can promise that treatment will work. A court order still has to be carried out.

• Those are separate issues.
• It cannot skip the court’s process.
• It cannot keep the filing from your spouse. Court records are confidential, but the adult still receives the petition and notice.

After an order, the court keeps authority to monitor compliance. It can also address violations of its orders. Florida Statutes § 397.697

Why Robinson Casey Handles These Cases

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade County, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Our team works with families where a spouse’s addiction or mental illness has made the home unstable. The firm’s support staff help with scheduling and document intake, so the dates and paperwork stay organized.

Our approach is simple. We explain each legal step in plain words. We identify what evidence the petition needs. We are also clear about what a petition cannot do.

Common Questions About a Spouse’s Marchman Act Petition

Talk to a Florida Marchman Act Attorney Now

If your husband drinks at home with the kids there, and you feel this cannot go on, you don’t have to decide alone. Call (561) 849-4700 or request a consultation. Your first consultation is free, confidential, and comes with no obligation to continue.