Marchman Act Petition for a Drinking Spouse in Florida
Imagine a husband who drinks at home while the children are in the house. Every evening feels like waiting for the next incident. You may be asking whether a court can step in.
Yes. A spouse can file a Marchman Act petition in Florida. The petition asks a court to order an assessment of the person’s substance use and, if the law’s criteria are met, treatment. It does not replace calling 911 when someone is in immediate danger.
When Your Spouse’s Drinking Is Happening Where the Children Are
The Marchman Act is the Florida law that lets families ask a court to address substance use that has become unsafe.
If your spouse drinks at home with the children there, you may already be worn down. Nights can turn unpredictable, and money can drain away.
Many spouses in this spot share three fears. They worry about harm to the children, financial ruin for the household, and what happens if nothing changes. Those fears are reasonable.
Looking at a court option doesn’t mean you’ve failed your spouse or your family. It means you want stability back in the home. You don’t have to carry that alone.
Can a Spouse File a Marchman Act Petition in Florida?
Yes. For an adult, Florida law lets a respondent’s spouse or legal guardian file a petition. Any relative, a service provider, or an adult with direct personal knowledge of the impairment and its treatment history can file too. Fla. Stat. § 397.68112
The person named in the petition is the respondent. Whether your situation fits depends on the facts, including what you know firsthand about your spouse’s drinking and treatment history.
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 respondent’s impairment and his or her prior course of assessment and treatment (Fla. Stat. § 397.68112). The court needs a good-faith reason to believe the person is substance abuse impaired and has lost the power of self-control. It also needs reason to believe that, because of the impairment, the person needs substance abuse services and their judgment is so impaired they cannot appreciate that need or make a rational decision about it (simply refusing services is not enough), or that without care they are likely to suffer from neglect or refuse to care for themselves, that this poses a real and present threat of substantial harm, and that it is not apparent the harm can be avoided with help from willing, able, and responsible family members or friends or other services, or that there is a substantial likelihood they have inflicted, threatened or attempted to inflict, or are likely to inflict physical harm on themselves or someone else (Fla. Stat. § 397.675). Fla. Stat. § 397.675
The petition focuses on substance use and treatment. Keep your facts tied to drinking and its effects on safety. Specific, dated facts are easier for a court to weigh than general worry.
What a Marchman Act Petition Covers and What It Includes
A petition names the respondent and the petitioner. It states their relationship and sets out the facts that justify court action. Fla. Stat. § 397.68141
The facts must explain why you believe your spouse is impaired and why self-control is gone. They must also explain the risk of physical harm, or why refusing care reflects impaired judgment.
Useful details include:
- Dates of drinking episodes and what you saw or heard
- Any incidents involving the children, including injuries or unsafe moments
- Prior hospital visits, police contacts, or treatment attempts
The petition may include an assessment by a qualified professional done within 30 days before filing. If there was no assessment, or your spouse refused one, the petition must say so.
How the Marchman Act Process Works, Step by Step
The process moves from a fact review to filing, then an assessment by a qualified professional, then a hearing where the court reviews the assessment results and, if it orders treatment, treatment follows. Timing varies by court and case.
- Consultation. We review the household facts, the drinking pattern, and recent incidents.
- Gather records. Collect dates, messages, witness names, and any past assessment or treatment records.
- File with the clerk. The petition goes to the clerk of the court in the county where your spouse is located. For example, that is Miami-Dade County if your spouse is there. Fla. Stat. § 397.681
- Emergency orders, if needed. When emergency circumstances exist, the court may rely on the petition alone. It may enter an ex parte order for assessment and stabilization. That order can direct law enforcement to deliver the person to a licensed provider for evaluation. Fla. Stat. § 397.6818
- Hearing. For a renewal petition, the court must schedule a hearing within 10 court working days, to be held not more than 15 days after filing. Under Florida’s Marchman Act, the person named in the petition has a right to an attorney at every stage. A person who wants counsel but cannot afford one has the right to a court-appointed attorney, and the court must appoint one if it believes the person needs or desires counsel.
- Assessment and order. Your spouse cannot be ordered into treatment without a clinical assessment, unless your spouse is present in court and expressly waives the assessment. The waiver rule covers presence at the hearing and, for a respondent who is present in court, an express waiver of the clinical assessment. The court may excuse your spouse from being present if your spouse knowingly, intelligently, and voluntarily waives the right to be present, or if, upon receiving proof of service and evaluating the circumstances of the case, your spouse’s presence is inconsistent with his or her best interests or is likely to be injurious to self or others.
A common mistake is waiting for a crisis before gathering facts. Start the record now, while events are fresh.
Protecting the Children While You Prepare
If anyone is in immediate danger, call 911 first. A petition takes time to move through court, so emergency safety comes first.
- Keep a private, dated log of drinking episodes, what the children saw or heard, and any injuries.
- Save texts, voicemails, and photos that show the household situation. Keep copies where your spouse can’t reach them.
- Avoid confronting your spouse during an incident. Step away with the children if you can do so safely.
- Write down prior hospital visits, police contacts, or treatment attempts. This history shapes the petition.
Talk with the children in simple, age-appropriate ways. Let them know the adults are working on keeping the home safe.
Marchman Act petitions and related court records are confidential. The clerk may not publish personal identifying information on a court docket or in a publicly accessible file. Fla. Stat. § 397.6760
Why Robinson Casey Handles Marchman Act Petitions
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters for families across South Florida and statewide.
Richard J. Casey III, Esq. is the responsible attorney for this page. The firm’s lawyers and support staff work on these matters together. Our team also handles related matters, including emergency temporary guardianship and mental health guardianship.
The first consultation is free, confidential, and comes with no obligation to continue.
We make no promise about how a court will rule, and results depend on the facts of each case. If a matter may be better handled by another lawyer or firm, we will say so.
Questions Spouses Ask Before Filing
Most spouses ask about arrest, consent, court attendance, cost, and how long an order lasts. Short answers follow.
Will my spouse be arrested if I file?
If the court finds it necessary, it may direct the sheriff to take your spouse into custody and deliver your spouse to the licensed service provider named in the order, or to the nearest appropriate licensed service provider, for involuntary treatment services (Fla. Stat. § 397.697).
Does my spouse have to agree?
No. The court can order treatment when the conditions are proved by clear and convincing evidence.
Do I have to go to court?
Family members who know the history can testify under oath. Witnesses may also testify remotely by audio-video technology.
What does it cost?
The clerk may not charge a fee to file the petition. A court may bar, or law enforcement may waive, service of process fees if the petitioner is indigent. Fla. Stat. § 397.68112
How long can a court order last?
A court can order involuntary treatment for up to 90 days. A renewal petition can be filed before that period ends, either by the service provider or by the person who filed the original petition, if it is accompanied by supporting documentation from the service provider. Fla. Stat. § 397.6975
If your spouse drinks at home while your children are there, and you’re unsure whether a petition fits your family, call (561) 849-4149. You can also reach out through our contact page to talk through the facts.