Florida Marchman Act Help for a Spouse Who Drinks at Home
Watching your spouse drink at home while the children are nearby can make every day feel unsafe. Whether you’re a husband or a wife, you may feel like you’re holding the whole household together alone.
Florida law gives a spouse a way to ask a court for help. A petition under the Marchman Act can ask a court to order an assessment and, when the legal criteria are met, involuntary treatment for the person with the drinking problem. This page explains who can file, how the process moves, and how to protect your children while a case is pending.
When your spouse’s drinking puts the children at risk
Court-ordered treatment becomes a serious option when a spouse’s drinking turns into real danger at home. You may have seen drinking in front of the kids, moods that change without warning, or an incident that scared you badly. You may have hoped things would settle. They often did not.
Many spouses feel guilty, embarrassed, or afraid that asking for help will make things worse. You did not choose this situation, and you do not have to manage it alone. Worry about your children, money strain, and the fear of losing your family can all arrive at once.
This page covers Florida’s court-ordered options. It is not a general guide to treating alcohol problems. The law focuses on specific things: impairment, loss of self-control, and risk of harm.
Who can file a Marchman Act petition in Florida?
A spouse or legal guardian can file, and so can any relative, a service provider, or an adult with direct personal knowledge of your spouse’s substance abuse impairment and of the prior course of assessment and treatment. Fla. Stat. § 397.68112 sets out who may file a petition for an adult.
The petition must name your spouse and you, and state your relationship. It must also give the facts: why you believe your spouse is impaired by substance abuse, why you believe your spouse has lost self-control, and the harm you fear or the poor judgment behind a refusal. Fla. Stat. § 397.68141
A recent assessment, made within 30 days before filing, can go with the petition. If there was no assessment, the petition must say so.
The standard asks whether there is a good faith reason to believe your spouse meets the involuntary admission criteria. Refusing treatment alone does not prove a lack of judgment. Fla. Stat. § 397.675
File with the clerk in the county where your spouse is located. The clerk cannot charge a fee to file the petition. Involuntary treatment petitions must be filed with the clerk of the court in the county where the person is located.
The Marchman Act addresses your spouse’s drinking and treatment. Money, divorce, and custody are separate matters.
How the Marchman Act process works, step by step
The court must schedule a hearing within 10 court working days unless it grants a continuance. Fla. Stat. § 397.68151
- Consult first. Review the incidents, dates, witnesses, and records you have.
- File the petition. It goes to the clerk in the county where your spouse is located.
- Serve notice. The court may order a law enforcement officer or other designated agent to serve your spouse with the notice of hearing and a copy of the petition. In an emergency, the court may enter an ex parte order based on the petition alone, without appointing an attorney. A provider generally may hold your spouse no more than 72 hours for observation, subject to listed exceptions. Fla. Stat. § 397.6818
- Attend the hearing. Your spouse has the right to counsel at every stage of the proceeding, and may waive that right only if present and the court finds the waiver is knowing, intelligent, and voluntary. Fla. Stat. § 397.681 Your spouse, as the respondent, has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment, but that right can be waived if your spouse is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Fla. Stat. § 397.681
- Decision. The court may order treatment for up to 90 days only if it finds the conditions proved by clear and convincing evidence. Fla. Stat. § 397.697
The petitioner carries the burden of proof. In the Fifth District, a judge may not call and question the clinician when the petitioner is absent. See J.C. v. State and C.W.R.K.. The Fourth District disagreed in J.J.J. v. D.G., so treat this as Fifth District law, not a statewide rule.
Expect hearings, deadlines, and waiting periods rather than a quick fix.
What a court-ordered treatment order can cover, and what it cannot
The court can order a publicly funded provider. A private provider can be ordered only if your spouse can pay, or if someone voluntarily shows the willingness and ability to pay.
The court keeps authority after it rules. It can monitor compliance, change the treatment approach, or start contempt proceedings for violating a valid order. Fla. Stat. § 397.697
Release can come early when the conditions no longer exist. Fla. Stat. § 397.6975 A petition for renewal of the involuntary treatment services order must be filed with the court before the expiration of the court-ordered services period, and the court may order involuntary treatment services for a period not to exceed an additional 90 days. The court-ordered involuntary treatment services period is 90 days. Fla. Stat. § 397.6977
Discharge planning must address follow-up appointments, prescribed medications, living arrangements, transportation, and recovery support.
A treatment order deals with your spouse’s care.
If your spouse’s problem goes beyond alcohol, mental health guardianship or involuntary commitment for addiction may fit. The right path depends on the facts.
How to protect the children while the case moves
Call 911 if anyone faces immediate danger. Then start a written record.
Each entry should list the date, the time, what happened, who was present, and what your spouse said. Note whether the children saw or heard it.
Specifics matter. The court hears all relevant evidence, including testimony from family members familiar with the respondent’s history. Fla. Stat. § 397.6957
Stay factual. Write what you saw and heard, not what you assume your spouse was feeling.
Keep relevant messages, bills, and treatment papers in one folder, with a copy stored somewhere safe.
Avoid arguments about drinking in front of the children. If it’s safe, agree in advance with a trusted adult who can take the children out of the house when tension rises.
Custody and parenting time are decided in family court. Your position there rests on the record you build.
Frequently asked questions
Short answers to the questions spouses ask most often.
Can a spouse file a Marchman Act petition in Florida?
Yes. A spouse may file, and the facts in the petition decide whether the court acts.
Does my spouse have to agree to treatment?
No. Refusal alone does not prove a lack of judgment, but the court can still order treatment if the criteria are met.
Will this end my marriage?
A petition asks for treatment for your spouse. Divorce is a separate matter.
Which county do I file in?
File in the county where your spouse is physically located when you file.
What does a consultation cost?
Our first consultation is free, confidential, and carries no obligation to continue.
Why Robinson Casey, and your next step
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families in South Florida and statewide.
Richard J. Casey III, Esq. is the lawyer responsible for this page. Our support staff handle scheduling and document intake. If a matter may be referred to another lawyer or firm, we will say so.
Because the firm’s work stays in these two areas, your questions stay centered on the court process and your household’s facts.
If your spouse’s drinking has made home feel unsafe for your children, you don’t have to sort out the court process alone. Call (561) 849-4149 to schedule a consultation and talk through what’s happening at home.