Helping Spouses Take the Next Step Toward Treatment and Safety

When a Spouse’s Addiction Has Made Home Unsafe

A spouse can ask a Florida court to order assessment and treatment for an adult husband or wife with a substance problem. This is the Marchman Act process, and this page explains how it works for a spouse.

You may already know the signs. Money goes missing. Moods shift without warning. The children notice everything. Maybe there was a hospital stay, a dangerous night, or drinking and drug use that keeps getting worse. Many spouses reach a point where they feel this can’t go on.

If you are looking for a spouse Marchman Act lawyer Florida families can turn to, Robinson Casey focuses on Marchman Act and guardianship matters. The firm serves families in Miami-Dade, South Florida and statewide.

What the Marchman Act Is and Who Can File

A spouse can file a Marchman Act petition when the respondent is an adult. Florida law names the spouse first on its list of who may file.

The statute says that for an adult, a petition may be filed by the respondent’s “spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge” of the substance abuse impairment (Fla. Stat. § 397.68112).

It covers substance abuse impairment. A person may meet the criteria for involuntary admission when there is good faith reason to believe they have lost the power of self-control over substance use. They must also either be unable to judge their need for help or pose a real risk of harm to themselves or others.

Guardianship is a separate court matter with its own rules.

What a Spouse’s Petition Must Say

A petition must name both spouses, state their relationship, and lay out the facts behind your concern. The required parts are listed in Fla. Stat. § 397.68141.

Why you believe your spouse is impaired. Why you believe the impairment has cost them self-control. And why they pose a risk of harm, or can’t judge their need for care.

Useful documents include dated notes about incidents, names of people who saw them, hospital or police records you can get, and records of household money problems. A dated list of events is a strong starting point. The petition may also include a report from a qualified professional who examined your spouse within 30 days before filing.

A petition for involuntary services must contain the name of the respondent, the name of the petitioner, the relationship between them, the name of the respondent’s attorney if known, and the factual allegations. The petition is filed with the clerk of the court in the county where the person is located (Fla. Stat. § 397.681). The clerk may not charge a fee to file it (Fla. Stat. § 397.681). In J.P. v. J.N., the Fifth District treated a wrong-county filing as a venue defect, not a loss of jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.).

Robinson Casey’s support staff help with scheduling and organizing documents.

How the Process Works, Step by Step

The process moves in clear stages, from your first conversation to a court order. Each stage has timing rules under the statute.

1. Free first consultation. Robinson Casey offers a free first consultation that is confidential and carries no obligation to continue. Bring your facts and any records you have.
2. Petition prepared and filed. The petition goes to the clerk in the county where your spouse is located.
3. Notice and service. Copies of the petition and hearing notice go to the respondent and other listed people. Law enforcement may serve the respondent (Fla. Stat. § 397.68151).
4. Hearing scheduled. The court schedules a hearing within 10 court working days unless a continuance is granted. Your spouse has the right to counsel at every stage, which your spouse may waive if present and the court finds the waiver knowing, intelligent, and voluntary. The court shall immediately determine whether your spouse is represented or whether appointment of counsel is appropriate, and can appoint one (Fla. Stat. § 397.68151).
5. Evidence and testimony. The court may hear family members who know the person’s history. Testimony at the hearing must be taken under oath.
6. Emergency option. When emergency circumstances exist, the court may act on the petition alone. A provider may hold a person up to 72 hours of observation unless a listed exception applies (Fla. Stat. § 397.6818).
7. Court order. If the court finds the conditions proved by clear and convincing evidence, it may order up to 90 days of treatment (Fla. Stat. § 397.697). Renewal is possible if the conditions continue (Fla. Stat. § 397.6975).

Timing depends on the facts and the court’s calendar. Be ready to present your own case. The Fifth District has held that a trial court may not call and question the professional on the petitioner’s behalf when the petitioner is absent (C.W.R.K.). The Fourth District disagreed in J.J.J. v. D.G., and the conflict was certified. The court affirmed and certified conflict with R.S., J.W., and C.W.R.K., for the reasons stated above (J.J.J. v. D.G., No. 4D2023-2185 (Fla. 4th DCA July 24, 2024)).

Protecting the Children and the Household During the Case

A petition puts the household’s facts before a judge. The court can consider testimony from family members who know your spouse’s history.

Keep the children out of the middle. Don’t ask them to pick sides or carry messages. Keep a calm, dated record of what they see and hear, so you can describe events accurately later.

Gather bills, bank statements, card statements and records of missing or borrowed money. Note which accounts are shared. These records show the strain on the household over time.

A petition is one step in a larger set of decisions about the marriage. Those decisions are yours. Think about your own safety, and make a plan with someone you trust before you raise a filing with your spouse.

Waiting for the next crisis can leave the record thin. Start your log now.

Why Robinson Casey for a Spouse Marchman Act Lawyer Florida Case

Robinson Casey limits its practice to Marchman Act and guardianship matters. That keeps its work focused on the questions this page covers.

Richard J. Casey III, Esq., is the responsible attorney for this page. Robinson Casey’s support staff handle scheduling, document organization and office tasks.

The firm serves families across Miami-Dade, South Florida and statewide.

A respondent has the right to counsel at every stage of a judicial proceeding on a petition for involuntary treatment for substance abuse impairment, but the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily. You may find your spouse has a lawyer too. Your petition should be ready for that.

You’ll get plain-language explanations before each decision. No lawyer can promise how a court will rule, and Robinson Casey makes no such promise.

Questions Spouses Ask Before Filing

Most spouses ask whether they can file, what it costs, and what happens next. Short answers follow.

Take the Next Step Toward a Stable Home

If your spouse’s drinking or drug use has put your family at risk, and you need a decision now, a first conversation is the right place to start. You’ve carried this alone long enough. Request your free first consultation or call Robinson Casey at (561) 849-4149.