Husband Drinking at Home in Florida: Marchman Act Options

If your husband or wife drinks at home, refuses rehab, and the children are seeing it, you may feel things can’t keep going this way. Florida law lets a spouse ask a court for help.

The petition asks a court to order an assessment and, if the legal criteria are met, involuntary treatment. Below is who can file, what the court reviews, and how the process moves.

When Drinking Is Happening at Home, With the Children in the Room

Asking a court for help is a legal option when a spouse’s drinking has made the household unsafe or unstable.

Maybe the drinking has become a daily pattern. Maybe bills go unpaid while the money keeps disappearing. Maybe a bad night left a child frightened, or a dangerous moment led to an emergency call. You may have tried talking, setting rules, or waiting it out. Nothing has changed, and the worry keeps growing.

The worry about the children is often the hardest part. You may lie awake wondering what the next bad night will look like. Money fears add to that weight.

Waiting can start to feel like the riskiest choice. That is often when spouses begin looking at legal options. The first step is simply describing what has happened at home.

Who Can File a Marchman Act Petition in Florida

For an adult, a spouse can file a petition for involuntary treatment services under Florida law. The statute also allows any relative, a service provider, or an adult who has direct personal knowledge of the person’s substance abuse impairment and his or her prior course of assessment and treatment to file (Fla. Stat. § 397.68112).

The petition must name you and your spouse and explain your relationship.

Location matters. The petition goes to the clerk of the court in the county where your spouse is located, and the clerk may not charge a fee to file it (Fla. Stat. § 397.681). For families in Miami-Dade and across South Florida, confirm where your spouse physically is when the petition is filed. Under Florida law, a Marchman Act petition must be filed with the clerk of the court in the county where the person is located (Fla. Stat. § 397.681).

What the Court Looks at Before It Acts

The court looks for clear and convincing evidence that your spouse meets the criteria for involuntary treatment services (Fla. Stat. § 397.697).

The criteria require a good-faith reason to believe your spouse is substance abuse impaired. They also require that your spouse has lost the power of self-control with respect to substance abuse. Finally, your spouse must have lost the power of self-control with respect to substance abuse, and must either be in need of substance abuse services and, because of impairment, be incapable of appreciating that need and of making a rational decision about it (mere refusal of services is not by itself lack of judgment); or, without care or treatment, be likely to neglect himself or herself in a way that poses a real and present threat of substantial harm, and it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services; or there is a substantial likelihood that he or she has inflicted, or threatened or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another (Fla. Stat. § 397.675).

One point surprises many spouses. A refusal of treatment alone is not evidence that your spouse lacks judgment about needing help. The facts have to show more than the refusal.

The petitioner carries the burden of proof. Family members who know your spouse’s history can testify, and the court reviews any assessment results (Fla. Stat. § 397.6957).

Start a dated record now. Write down what happened, when it happened, and who saw it. Stick to what you saw and heard. Plain, accurate notes are more useful than dramatic ones. If a qualified professional examined your spouse within 30 days before filing, that report can go with the petition.

What a Petition Cannot Do for Your Marriage or Finances

A Marchman Act petition covers assessment and treatment for substance abuse impairment. Divorce, custody, child support, property, and debt are separate matters.

The court order has a time limit. A court may order involuntary treatment services for no more than 90 days (Fla. Stat. § 397.697). At the end of that period, the person is automatically discharged unless a motion to renew the order has been filed (Fla. Stat. § 397.6977).

Early release is also possible.

A petition cannot change how your spouse feels about the marriage. It also cannot ensure lasting recovery. Bring your questions about the marriage and money to your consultation. Together you can sort out which ones this petition touches and which need their own review.

How the Process Moves, Step by Step

A petition is filed with the clerk, and the court must schedule a hearing within 10 court working days unless it grants a continuance (Fla. Stat. § 397.68151).

1. Consultation. We review your household facts, your children’s situation, your spouse’s current condition, and any past treatment.
2. Evidence. You gather dated notes, messages, and records that show the effect at home.
3. Filing. The petition goes to the clerk in the county where your spouse is located and states the facts described above.
4. Notice and counsel. Copies of the petition and hearing notice go to your spouse, you, and others the court directs. Your spouse has a right to counsel at every stage, which he or she may waive only if present and the court finds the waiver is made knowingly, intelligently, and voluntarily, and can be appointed a lawyer if he or she cannot afford one (Fla. Stat. § 397.681).
5. Emergency, if needed. In an emergency, the petition can ask for an ex parte assessment and stabilization order (Fla. Stat. § 397.68141). The court may direct law enforcement to take your spouse in for evaluation (Fla. Stat. § 397.6818). Thin facts are a risk. The Second District Court of Appeal found an ex parte order was entered in error where the petition did not show a good-faith reason to believe the criteria were met (D.H. v. K.J.R.).
6. Hearing. Your spouse must attend unless the court finds a valid waiver or that attending would be inconsistent with his or her best interests. Testimony is under oath, the hearing is recorded, and your spouse may decline to testify. A clinical assessment by a qualified professional must occur within 72 hours after your spouse arrives at a licensed service provider, unless your spouse shows signs of withdrawal or a need to be detoxified or treated for a medical condition, which extends the time your spouse may be held for observation until that issue is resolved, but no later than the scheduled hearing date, absent a court-approved extension.
7. After the order. Services may run up to 90 days, followed by discharge unless the order is renewed. Discharge planning covers follow-up care, medications, living arrangements, and recovery support.

Why Families Work With Robinson Casey

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team includes assistants and office staff who support each matter.

Your first consultation is free, confidential, and carries no obligation to continue.

We cannot promise any result. Each case turns on its own facts and on the court’s decision.

Frequently Asked Questions

Short answers to common questions about filing a Marchman Act petition in Florida.