Marchman Act Help for a Spouse Drinking at Home in Florida

Your spouse drinks at home, the children see it, and the house feels unsafe and unpredictable. You may be asking how to get your husband or wife into treatment in Florida before things get worse.

Florida law gives a spouse a direct option. A spouse can file a petition under the Marchman Act, asking a court to order assessment and, if the legal criteria are met, involuntary treatment for an adult with a substance abuse impairment. This page explains what that petition does, how the process moves, and what you can do for the children and the household while you decide.

When Your Spouse’s Drinking Is Putting the Children at Risk

If anyone is in immediate danger, call 911 first. A court petition is a slower tool and does not replace emergency help.

Get emergency medical care right away if your spouse shows signs of alcohol overdose, such as trouble breathing, unresponsiveness, or confusion that won’t clear. Dangerous withdrawal needs a medical team, not a court filing.

Once the immediate danger is handled, start a private, factual log. Write down dates, times, what happened, and what the children saw or heard. Stick to what you observed. Leave out guesses about what your spouse meant or felt.

Many spouses wait for one big incident before they act. A clear pattern often matters more. Florida law directs the judge to hear testimony from family members familiar with the person’s prior history.

If your spouse also has a mental health condition, note it. MedlinePlus on dual diagnosis explains that mental and substance use disorders often occur together and are usually treated at the same time.

What Florida Law Lets a Spouse Ask a Court to Do

A spouse can ask a Florida court to order assessment and involuntary treatment for the other spouse when the statute’s criteria are met. The Marchman Act petition rules name a spouse as someone who may file for an adult. Each family’s situation is different, so the details of your household are worth reviewing with an attorney.

The judge must have a good-faith reason to believe your spouse is substance abuse impaired and has lost the power of self-control with respect to substance use. Fla. Stat. § 397.675 adds that the person must also meet one of these:

• Without care or treatment, is likely to neglect their own care or refuse to care for themselves, a refusal or neglect that poses a real and present threat of substantial harm, and it is not apparent that such harm may be avoided through willing, able, and responsible family members or friends or other services.
• Has inflicted, threatened, or attempted to inflict physical harm on themselves or someone else, or, unless admitted, is likely to do so, with a substantial likelihood of such harm.

Judges rule on facts, not fear.

Keep this process separate from divorce, custody, and guardianship matters. Each one runs on its own rules in its own case. No lawyer can promise how a judge will rule. The court decides after it reviews the facts.

How a Marchman Act Petition Works, Step by Step

A petition starts with the facts and is filed with the court. If your spouse does not appear at the hearing, the court reasonably believes your spouse meets the commitment criteria and that a substance abuse emergency exists, and your spouse’s location is known, the court must continue the case for no more than 10 court working days.

1. Consultation. You talk through the household, the children, what has happened, and any past assessment or treatment.
2. Filing. The petition goes to the clerk of the court in the county where your spouse is located. The clerk may not charge a filing fee for it (Fla. Stat. § 397.681). The petition must name both of you, state your relationship, and give the reasons you believe the criteria are met (Fla. Stat. § 397.68141).
3. Notice and counsel. Your spouse gets a copy of the petition and the hearing notice. Your spouse has the right to a lawyer at every stage and can have one appointed if they cannot afford one.
4. Emergency order, if needed. The court can enter an assessment and stabilization order based on the petition alone, without an attorney being appointed (Fla. Stat. § 397.6818). A provider generally may not hold your spouse for more than 72 hours of observation, unless a listed exception applies, such as a court-granted extension.
5. Hearing. Testimony is taken under oath and the hearing is recorded. You may be asked to testify. Your spouse may refuse to testify.
6. Order. If the judge finds the conditions proved by clear and convincing evidence, the court may order treatment for up to 90 days (Fla. Stat. § 397.697). A renewal must be requested before the period ends (Fla. Stat. § 397.6975).

The timeline depends on the facts, the county, and the court calendar.

Protecting the Children and the Household While You Wait

The most useful steps while you wait are a plan for the children and a written record of money and conduct.

• Safety plan for the kids. Pick trusted adults the children can call. Choose a safe place to go. Decide, in advance, how you would leave the home if things escalate. Teach the children to call 911 in an emergency.
• Money records. Keep bills, bank statements, and a list of money spent on alcohol or gone missing. Note any change in income or work. Keep copies somewhere only you control.
• Calm, factual contact. Avoid confronting your spouse while they are drinking. Keep texts short and factual. Angry messages and social media posts can end up in front of a judge.
• Prepare before you file. This guide on what to say when a loved one refuses treatment can help you organize your thoughts.

Waiting for a bigger crisis is a common mistake. The children keep living with the fear the whole time.

Common Questions Spouses Ask Before They Call

Most spouses ask whether they can file, whether they must be divorced, and whether their spouse has to agree first.

Can I file if we’re still married? Yes. The statute names a spouse as someone who may file for an adult.

Does my spouse have to agree to treatment first? No. A petition asks the court to order involuntary treatment. The Florida Department of Children and Families notes the Marchman Act also allows voluntary admission.

Does my spouse get a lawyer? Yes. Your spouse has the right to counsel and can have one appointed if they cannot afford private counsel.

What does a first consultation cost? The first consultation is free, confidential, and without obligation.

Why Families Bring This Matter to Robinson Casey

Robinson & Casey limits its practice to Marchman Act and guardianship matters, serving families in Miami-Dade, South Florida, and statewide.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our lawyers and support staff work on these matters together, from the first review through the court process.

Our work covers involuntary commitment for addiction and Marchman Act representation. It also covers guardianship when a family’s situation calls for it, including emergency temporary, plenary, limited, and mental health guardianship.

We start with an initial review of the facts and explain your options in plain terms. Every case turns on its facts, so we don’t predict results.

Talk With Robinson Casey About Your Family’s Next Step

If you’re researching this for your spouse’s drinking, you may be carrying the fear that nothing will change and the household will keep sliding. You don’t have to decide on a petition today.

A confidential conversation can look at your household, your children, and whether a Marchman Act petition fits your facts. Call (561) 849-4149, or use our contact page, to start that conversation.