Live-In Partner Marchman Act Petition in Florida

If you live with an adult whose drinking or drug use is hurting your home, you may wonder whether you can ask a court for help. In Florida, a live-in partner can sometimes file a Marchman Act petition. The key question is not the living arrangement. It is whether you are the respondent’s spouse or legal guardian, a relative, a service provider, or an adult with direct personal knowledge of your loved one’s impairment and of their prior assessment and treatment.

This page explains how that question works, what a petition must say, and what happens after you file.

What the Marchman Act Is and What It Can Do

The Marchman Act is Florida’s court process for getting an adult with a substance use problem assessed and, if needed, treated. A judge reviews a written petition and decides whether the facts support an assessment. At a hearing, the court hears and reviews all relevant evidence before it decides. If the judge finds the conditions proved by clear and convincing evidence, the judge may order treatment for up to 90 days, under § 397.697.

It does not cover mental health commitment, and that difference shapes which process fits. For the full framework, read our involuntary commitment guide.

Marchman Act or Baker Act: Which Law Applies

The Baker Act is a separate Florida process for mental health crises. Many families face both problems, and the facts decide which process fits.

Do not assume a label decides the process. A substance use problem can come with a mental health condition. Florida’s criteria for involuntary admission can cover a person with a substance use disorder and a co-occurring mental health disorder. See § 397.675. See § 397.675.

Start by writing down what you have seen. Then compare those facts with the criteria. If a matter may belong with another lawyer or firm, we will tell you so.

Who Can File a Petition and What the Court Looks For

A live-in partner can file a Marchman Act petition if they are an adult with direct personal knowledge of the loved one’s substance abuse impairment and that person’s prior course of assessment and treatment.

When the respondent is an adult, § 397.68112 lists who may file. The list includes a spouse or legal guardian, any relative, a service provider, and an adult who has direct personal knowledge of the respondent’s substance abuse impairment and prior course of assessment and treatment. That is the text as amended in 2024.

Your petition must name your loved one and name you. It must also state your relationship to them. Under § 397.68141, it must also name their attorney if known and set out your factual allegations. Describe your relationship accurately, such as “live-in partner.”

Petitions go to the clerk in the county where the person is physically located. The clerk may not charge a filing fee, under § 397.681. In Miami-Dade County, the Miami-Dade Clerk’s mental health court page directs these filings to the Probate Court for adults. A wrong-county filing is a venue problem, not a loss of the court’s power to hear the case. See J.P. v. J.N..

Evidence a Live-In Partner Can Document

Start a dated log now. Write down what you saw or heard, when it happened, and who else was there. Note any injuries, property damage, missed work, or unsafe driving. Keep each entry short and factual.

Keep your own observations apart from what others told you. The court needs to know which facts you saw yourself. Save texts, voicemails, and messages that show your loved one’s condition or a refusal of help.

The court considers testimony from family members who know the person’s history and current condition. See § 397.6957. Exaggeration hurts a petition. Accurate, specific facts carry more weight. If your loved one was never assessed or refused one, the petition must say so.

What Happens After a Petition Is Filed

After filing, the court schedules a hearing within 10 court working days, unless a continuance is granted. See § 397.68151. The court can appoint a lawyer if needed.

In an emergency, the court may enter an assessment and stabilization order based on the petition alone. It may do this without appointing an attorney. See § 397.6818. The petition must support that order. In D.H. v. K.J.R., the court held that an ex parte order was error when the petition did not give a good-faith reason to believe the criteria were met.

In the Fifth District, the petitioner must present the case. In J.C. v. State, a judge questioned the only witness while the petitioner was absent. As the opinion in J.C. v. State states: “In doing so, the court failed to follow the applicable statute by essentially functioning as the absent petitioner.” The Fourth District disagreed in J.J.J. v. D.G. and certified a conflict. We will review how this rule applies where your case would be heard.

How the hearing turns out depends on the evidence the court hears. No result can be promised in advance.

Protecting the Household While You Decide

Safety comes first. If children, other adults, or vehicles are involved, think about immediate risks now. Write down current safety concerns, with dates. If anyone is in immediate danger, call 911 right away.

A petition is one step among others. Ask what would keep everyone safe over the next few days, and write that down. Where a petition supports it, a court may have a law enforcement officer or designated agent take the person in for evaluation. See § 397.6818. The timing and steps depend on the facts of each household.

Talk With Robinson Casey About Your Living Situation

If you share a home with a loved one, see their drinking or drug use every day, and are unsure you can file, a consultation can help. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Our first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or contact us to review your notes and your standing questions.

Frequently Asked Questions

Can a live-in partner file a Marchman Act petition in Florida?
Sometimes.

Where is a Marchman Act petition filed? Florida law answers that question in Fla. Stat. § 397.681(1).
Such petitions must be filed with the clerk of the court in the county where the person is located.