Worried About a Spouse's Drinking at Home? Learn Your Marchman Act Options

Wife drinking destroying family, what can I do in Florida? A spouse can ask a Florida court for help under the Marchman Act. The court can order an assessment and, if the legal criteria are met, treatment. This page explains who can file, how the process runs, how to protect the children meanwhile, and what the law cannot promise.

What the Marchman Act is and whether you can use it

Yes, a spouse can file a Marchman Act petition in Florida. The Marchman Act covers court-ordered assessment and treatment for people with substance abuse impairment. For an adult, the petition may be filed by the spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the spouse’s substance abuse impairment and prior course of assessment and treatment. Fla. Stat. § 397.68112

You would be the petitioner. Your spouse would be the respondent, the person the court reviews. The petition asks the court to order an assessment. If the criteria are met, it can ask for treatment.

The law sets a clear standard. Fla. Stat. § 397.675

When drinking in the home has crossed into a Marchman Act situation

Drinking crosses the line when it puts your spouse or your children at real risk and your spouse won’t accept help. Refusing help alone is not enough. The statute says a mere refusal is not evidence that judgment is impaired, so the facts must show more. Fla. Stat. § 397.675

Common examples include:

• Drinking while caring for the children, or driving with them in the car
• Falls, injuries or medical visits tied to drinking
• Police contact, threats or violence at home
• Blackouts, missed work or money gone to alcohol

A bad night differs from a pattern. Keep a written log with dates, times, what happened, who was present, and what the children saw or heard. Write what you saw and heard, not guesses about how your spouse feels. Specific dated entries help far more than notes like “he drinks a lot.”

If anyone is in immediate danger, call 911 first. A court petition is a tool for ongoing risk and for a spouse who refuses help.

How a Marchman Act petition works, step by step

A petition is filed with the clerk of the court in the county where your spouse is physically located. Fla. Stat. § 397.681 The clerk may not charge a filing fee. The petition must be filed with the clerk of the court in the county where the person is located, as set out in Fla. Stat. § 397.681(1). J.P. v. J.N. (Fla. 5th DCA 2017)

1. Gather facts. Collect dates, documents and incident records before anything is filed.
2. Prepare the petition. It must name both of you, your relationship, your spouse’s attorney if known, and the facts behind your belief. Fla. Stat. § 397.68141
3. Emergency steps. If there is an emergency, the petition must also describe the respondent’s exigent circumstances and include a request for an ex parte assessment and stabilization order. Fla. Stat. § 397.6818 In an emergency, 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.
4. Hearing and counsel. If the respondent does not appear at the hearing for any reason, including lack of service, and the court, after reviewing the petition, testimony and evidence, reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order valid for 90 days. If the respondent’s location is known at the time of the hearing, the court must continue the case for no more than 10 court working days (Fla. Stat. § 397.6818(4)). Hillsborough County v. Albrechta (Fla. 2d DCA 2003)
5. Fla. Stat. § 397.697 provides that once a court orders involuntary treatment services, the court keeps jurisdiction over the case and the parties to enter further orders as circumstances require, including monitoring compliance with treatment, changing the treatment modality, or starting contempt of court proceedings for violating a valid order issued under this chapter.

How long each stage takes depends on the facts and the county court calendar.

Protecting the children while the case is pending

The safest first step is a written plan for who supervises the children and who drives them. Keep alcohol and medications out of reach. Tell trusted adults, and the children’s school, what is happening so they can watch for problems.

Keep the children’s routines steady. Keep the incident log current and store it somewhere your spouse cannot easily reach.

Your worry about privacy is reasonable. Petitions and related court records are confidential. Fla. Stat. § 397.6760 The clerk may not publish personal identifying information on a court docket or in a public file.

What the Marchman Act cannot promise

The Act cannot promise recovery, sobriety or any particular result. Plan for what happens if your spouse stays in treatment only briefly or leaves early.

• Time limits. A treatment order can end early once its conditions no longer apply.
• J.C. v. State (Fla. 5th DCA 2020)
• A court may order privately funded treatment only if your spouse has the ability to pay for it, or if someone acting on your spouse’s behalf voluntarily shows both a willingness and an ability to pay. Plan for treatment costs, lost income and legal fees.
• Families often face divorce, custody and money questions alongside these concerns, and each of those may need its own advice. Raise those separately with a lawyer.

Florida regulates substance-use providers, including detox, outpatient, inpatient and aftercare programs. Florida Department of Children and Families No lawyer can predict how a particular judge will rule.

Why families work with Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.

• Richard J. Casey III, Esq. is the responsible lawyer for this page.
• Our team includes support staff, including assistants and office staff, who help manage the paperwork and dates a petition requires.
• We walk through the same steps covered here: facts, petition contents, timing and the hearing.
• The firm also handles guardianship matters, in case your family’s situation changes.

Common questions from spouses in this situation

Take the next step toward a stable home

You have been carrying this alone, worried about the children, the money and what happens if nothing changes. The first consultation is free, confidential and carries no obligation to continue. Call (561) 849-4700 or schedule a consultation to talk through what is happening at home.