Florida Marchman Act for a Spouse Who Drinks at Home

When your spouse drinks at home and the kids are there, every evening can feel unsafe. Florida law gives a spouse a court route for this situation. A spouse can file a petition under Florida’s Marchman Act asking a judge to order assessment and treatment for a person whose substance use has impaired them.

This page explains how that route works, what it can and cannot do for your household, and what to weigh before you decide.

When Drinking Is Happening in the Same House as the Kids

A court can order treatment only if the legal test is met. The person’s substance use must have taken away their self-control, and one more condition must be shown.

Many families describe the same pattern. Drinking starts after work and carries into the night. The kids hear the arguments. Money goes to alcohol, bills go unpaid, and the spouse may miss work or drive when they shouldn’t. When behavior turns unpredictable, you may hide car keys, lock doors, or sleep lightly, listening for trouble.

Those months of waiting and hoping wear a household down. Still, the law runs on facts, not fear. The sections below walk through what the court looks for, how a petition starts, and what happens next.

What Florida’s Marchman Act Is and Who It Covers

The Marchman Act is Florida’s court process for treating substance use impairment. It sits in Chapter 397 of the Florida Statutes.

Under § 397.675, a person may meet the criteria for involuntary admission. The court needs a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder with a co-occurring mental health disorder. Because of that, the person must have lost the power of self-control about substance use.

The statute adds a second test. The person must need services and be unable to see that need or make a sound choice about it. Or, without care, the person must be likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm, and it must not be apparent that such harm can be avoided through the help of willing, able, and responsible family members or friends or other services. Or there must be a substantial likelihood that they have inflicted, or threatened or attempted to inflict, or, unless admitted, are likely to inflict, physical harm on themselves or someone else.

The statute also says that simply refusing services is not, by itself, proof of poor judgment. The process is a court case about treatment. It is not a criminal charge.

How a Marchman Act Petition Starts

A spouse can file the petition for an adult spouse. It goes to the clerk of court in the county where the person is located.

Under § 397.68112, the respondent’s spouse or legal guardian may file. So may any relative, a service provider, or an adult with direct personal knowledge of the substance use and prior treatment. The person named in the petition is called the respondent. Under § 397.681, the clerk may not charge a fee to file it.

Location matters. Even so, the court held that a petition filed in the wrong county did not take away the Putnam County circuit court’s jurisdiction (J.P. v. J.N.). A wrong-county filing is treated as a venue problem, not a lack of court power.

Under § 397.68141, the petition must name both people and state their relationship. It must name the respondent’s attorney if known. It must also give the petitioner’s factual reasons for believing the person is impaired, has lost self-control, and either has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders services, or refuses care based on judgment so impaired that the person cannot appreciate the need for care. If a qualified professional assessed the person within 30 days, that report can be attached. If there was no assessment, the petition must say so.

Documentation helps those facts come through clearly. Write down dated incidents, what happened, who saw it, and whether the children were present. Note missed work or bills, and any earlier treatment attempts. Whether a petition fits your household depends on the facts, and an attorney reviews those facts with you.

What Happens After a Petition Is Filed

After filing, the court must schedule a hearing within 10 court working days, unless it grants a continuance. That rule is in § 397.68151. The respondent, the respondent’s parent, guardian, or legal custodian if the respondent is a minor, the respondent’s attorney if known, the petitioner, the respondent’s spouse or guardian if applicable, and any other persons the court directs must receive a copy of the petition and notice of the hearing.

If the respondent cannot afford a private lawyer, the court can appoint one, as § 397.681 explains. The respondent must be present at the hearing unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present or, after evaluating the circumstances, that presence is inconsistent with his or her best interests or is likely to be injurious to self or others, under § 397.6957.

At the hearing, testimony is taken under oath. The court may hear from family members who know the person’s history, so your firsthand knowledge can matter. The respondent may refuse to testify.

Emergencies move faster. Under § 397.6818, when emergency circumstances exist, a court may enter an ex parte order for assessment and stabilization without first appointing an attorney. A service provider generally may not hold the person for more than 72 hours of observation, subject to exceptions in the statute. A spouse may also request a certificate for emergency assessment or admission under § 397.6791.

What a Marchman Act Process Can and Cannot Do for Your Household

The process can bring your spouse into assessment and, if the court finds the criteria proven, into court-ordered treatment. Under § 397.697, the conditions must be proved by clear and convincing evidence. The court keeps jurisdiction to monitor compliance, which gives your household a structured path with a judge involved.

It also has limits. It is a treatment process.

Under Florida law, the petitioner has the burden of proof: section 397.6957(2), Florida Statutes, provides that the petitioner must prove the case by clear and convincing evidence.

No one can promise a particular result. The judge decides what the evidence shows, and the treatment course shapes what follows.

Protecting the Children While the Process Moves Forward

The strongest step you can take now is to write down what happens at home. Name a safe adult your children can reach.

Keep a dated log. Record the date, the time, what happened, who was present, and whether the children saw or heard it. Save texts, voicemails, and photos in a safe place. Note any injury, car incident, or missed school day.

Choose a safe adult, such as a relative or trusted friend, and tell them the plan. Help your children know who to go to if they feel afraid. If a child is in immediate danger, call 911 first.

Guardianship is a different tool. Under Chapter 744 of the Florida Statutes, guardianship looks at whether a person can manage their own affairs. It starts with a verified petition to determine incapacity, under § 744.3201. A Marchman Act petition focuses on substance use impairment and treatment. The two tools answer different questions.

Bring your log and records to your first meeting. Clear notes help a lawyer see the pattern in your home.

Talk With Robinson Casey About Your Household’s Next Step

The next decision is whether to file, when to file, and how to protect your household while you decide.