Worried About a Spouse's Drinking at Home?

When a Spouse’s Drinking Puts the Whole Household at Risk

Florida’s Marchman Act lets a family member ask a court to order an assessment and, if the legal tests are met, treatment for an adult whose substance use has become dangerous. Families facing severe substance abuse in a loved one often have questions about their options.

Searching for Marchman Act help because a spouse is drinking and children are at home? You probably feel stuck. Maybe the mood swings got worse. Maybe one night scared you or the kids. Maybe the money is gone and the bills keep piling up.

You don’t have to wait for the next crisis to ask questions. The process is built around assessment and stabilization, which means getting the person evaluated and into care. Understanding the steps now helps you decide what to do next.

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade County, and statewide. If you want to talk through your household’s situation, a confidential conversation is a good place to start.

Who Can File a Marchman Act Petition and What the Court Must Find

A spouse can file a Marchman Act petition in Florida when the respondent is an adult. Fla. Stat. § 397.68112 allows a respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment to file.

The court looks at the criteria in Fla. Stat. § 397.675, as amended in 2024. The petitioner must show a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder.

It must also state the facts behind your belief, as Fla. Stat. § 397.68141 requires. Dated incidents, witness observations, and any prior assessment help build that record.

The clerk may not charge a filing fee under Fla. Stat. § 397.681. A Florida appeals court has held that filing in the wrong county is a venue problem, not a loss of jurisdiction, as in J.P. v. J.N..

What Happens After a Petition Is Filed

After filing, the court schedules a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151. Here is the general path a case follows:

1. Under Fla. Stat. § 397.6818, a provider generally may not hold the person for more than 72 hours of observation, subject to listed exceptions.
2. The court shall hear and review all relevant evidence, including testimony from family members familiar with the person’s history, under Fla. Stat. § 397.6957.
3. Treatment order. If the conditions are proved by clear and convincing evidence, the court may order treatment for up to 90 days, under Fla. Stat. § 397.697.

Appellate courts are not in full agreement on who must carry the case at the hearing. The Fifth District has held that a court may not call and question the professional when the petitioner is absent, in C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare. The Fourth District reached a different result in J.J.J. v. D.G., so ask counsel how that split applies in your county.

Protecting the Children and the Household While the Case Moves Forward

A Marchman petition asks the court to address the person’s assessment and treatment. Those issues belong to separate proceedings, so keep them in mind as you plan.

Start a written log now. Record the date, time, what happened, who saw it, and whether the children were present. Keep it factual and short.

Take practical safety steps at home. Secure medications, car keys, and firearms where you can. Arrange safe care for the children for nights when things escalate.

Track money problems too. Save bills, bank statements, and records of lost income or unexpected debts. These records help explain how the drinking affects the household.

Know that reporting suspected child abuse or neglect to the authorities is treated differently. For more on children’s options when a parent uses substances, see this Florida guide.

Why Families Work With Robinson Casey on Marchman Act Matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade County, and statewide.

Richard J. Casey III, Esq. is the responsible attorney for this page. Our team, including support staff, helps families with scheduling, documents, and communication. The firm’s practice covers Marchman Act petitions, involuntary commitment for addiction, and related guardianship matters when a family situation calls for them.

The first consultation is free, confidential, and carries no obligation to continue. You can use that time to ask how the petition process would apply to your household.

Questions Spouses Ask Before Filing a Marchman Act Petition

If anyone is in immediate danger, call 911 first. For the legal steps, reach out for a confidential conversation about your household. Call (561) 849-4149 or request a consultation online.