Marchman Act Help for a Spouse Who Drinks at Home

If your spouse drinks at home and your children can see it, the whole household can feel unsafe and out of control. Florida’s Marchman Act lets a family member ask a court to order a loved one assessed for substance abuse, and to order treatment when the legal criteria are met. Here is how the law works, what a petition must show, and what it cannot do.

Drinking at home with the children there: what you may be facing

A court can step in when drinking puts a household at risk, and Florida law has a process built for that situation. Families often describe a pattern. Work gets missed. Drinking starts before school drop-off or runs late into the night. A DUI, an emergency room visit or a serious fight leaves everyone shaken. Money gets tight because bills and drinking compete for the same dollars.

Your details may look different from that pattern. This page offers general information about these matters. It does not review your facts, and it cannot tell you which path fits your family.

What the Marchman Act is and whether alcohol falls under it

The main rules sit in Chapter 397 of the Florida Statutes.

The core test is in Fla. Stat. § 397.675. In plain terms, a court looks for three things:

• A good faith reason to believe the person is substance abuse impaired and has lost the power of self-control over substance use.
• A need for services the person cannot see or act on, or a real and present threat of substantial harm from neglect or refusal of care. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”
• Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”

The statute also says that refusing services, by itself, is not evidence of lack of judgment.

Who can file a petition and what it needs to show

A spouse can file a petition for an adult, along with a legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment.

The petition must name both people and their relationship. It must state the facts behind your belief that the person is impaired and has lost self-control. It must also show harm, or judgment so impaired the person cannot see the need for care (§ 397.68141).

Facts carry the case. Keep a factual log. Record the date, what happened, who saw it, whether the children were present, and any injury or police contact. Stick to what you saw and heard.

How the process unfolds, step by step

A Marchman case moves in a set order, and the statute sets deadlines at several points.

1. Filing. The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee for it (§ 397.681). Under Fla. Stat. § 397.681(1), a petition for involuntary treatment must be filed with the clerk of the court in the county where the person is located.
2. Counsel and scheduling. The court decides whether the person has a lawyer. It sets a hearing within 10 court working days unless the hearing is continued (§ 397.68151). Fla. Stat. § 397.68151 reads: “(2) The court shall schedule a hearing to be held on the petition within 10 court working days unless a continuance is granted.”
3. Emergency orders. In an emergency, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization (§ 397.6818).
4. An assessment report must be filed with the court no later than the close of business on the day before the hearing (§ 397.6957).
5. Treatment order. If the conditions are proved by clear and convincing evidence, the court may order up to 90 days of treatment (§ 397.697).

What the Marchman Act does not do, and what to do now

The Marchman Act orders assessment and treatment. The court keeps authority to monitor treatment compliance after an order, but it can’t make sure your spouse finishes treatment.

What you can do now:

• If anyone is in immediate danger, call 911 now.
• Keep the children’s routines and trusted adults in place.
• Plan safe exits for the children and yourself. Avoid confrontations while your spouse is drinking.
• Write down incidents as they happen, with dates, times and witnesses.
• Protect shared finances where you lawfully can, and keep records of bills and spending.

Your fears, answered plainly

The law can’t remove every risk. It does give a court a route to assessment and treatment when the criteria are met.

• Harm to the children. Immediate danger can call for 911. In an emergency, the petition must also describe the exigent circumstances and request an ex parte assessment and stabilization order. A petition asks a court to address the drinking and the harm it causes.
• Financial ruin. The clerk may not charge a filing fee for an involuntary treatment petition (§ 397.681). Your other money questions can be discussed in a consultation.
• What if nothing changes. The household stays where it is. A petition is one structured path, but no outcome can be promised.
• Losing the marriage and family. A Marchman petition is about the drinking and its safety effects.
• Carrying it alone. A first conversation can sort what is urgent from what can wait.

Why work with Robinson Casey on these matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Support staff help families with intake, document organization and scheduling. The firm’s lawyers handle the legal work. Outcomes depend on the facts and on what the court finds at each stage. If your matter is better handled by another lawyer or firm, we will tell you so.

Frequently asked questions

More questions readers often ask No. Custody and divorce are separate court matters with their own rules.