Help for Miami-Dade Spouses Facing a Loved One's Substance Use Crisis

When Drinking at Home Has Made Your Household Unsafe

If your spouse drinks at home and your household no longer feels safe, Florida’s Marchman Act may give you a legal way to ask a court for help. You didn’t choose this situation, and you may feel like you’re carrying it alone.

Maybe your spouse drinks until their behavior becomes unpredictable. Maybe bills go unpaid while money disappears. Maybe the kids have seen things no child should see, or you’ve had a scare that sent you looking for help in the middle of the night.

Many spouses reach a point where they ask whether things can go on this way. This page explains the Florida options in plain terms: what the Marchman Act is, who can file, what a Marchman Act attorney does, and what to expect. It does not promise how any case will end.

What the Marchman Act Is and Who Can File

The Marchman Act is Florida’s civil process for court-ordered assessment, stabilization and treatment for substance abuse impairment. It sits in Chapter 397 of the Florida Statutes.

If the person is an adult, a spouse can file a petition for involuntary treatment services. The law lists spouses first among those who may file (§ 397.68112).

The law asks whether there is a good faith reason to believe the person is impaired and has lost self-control. It also asks whether one of the following is true: their judgment is so impaired they can’t see their need for help or make a rational decision about it (simply refusing help is not, by itself, proof of this); without treatment they are likely to neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, and it isn’t apparent that willing, able and responsible family members or friends, or other services, could prevent that harm; or there is a substantial likelihood they have caused, threatened or attempted, or are likely to cause, physical harm to themselves or others (§ 397.675).

If mental illness is the bigger problem, say so early. The statute also covers a co-occurring mental health disorder. Robinson Casey’s other practice areas include mental health guardianship and involuntary commitment for addiction, so the attorney can explain which path fits your facts.

What a Marchman Act Attorney Does for a Spouse

A Marchman Act attorney helps a spouse turn household facts into a petition the court can act on.

In practice, that work usually includes:

• A dated incident log. Write down what happened, when, and who saw it.
• Records. Gather police reports, medical notes or messages where they exist.
• Assessment status. A petition may include a professional’s report from an exam within 30 days before filing. If your spouse was never assessed or refused, the petition must say so.
• Children’s safety. Focus the facts on what the kids have seen and how the home has changed.
• Household questions. Talk through money and daily-life concerns that come up during the case.

If the court believes the respondent needs or wants counsel, the court must appoint one, regardless of the respondent’s wishes (§ 397.681). Our team handles filings, scheduling and documents, so your attorney can focus on your facts.

How the Process Works, Step by Step

A Marchman case moves in clear stages, and the court sets most of the timing.

1. Consultation. You describe the facts, and the attorney tells you whether a petition fits.
2. Evidence. You and the attorney organize the log, records and witness names.
3. Filing. The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee (§ 397.681). A filing in the wrong county is a venue problem, not a loss of jurisdiction (J.P. v. J.N.).
4. Copies of the petition and notice go to the required people (§ 397.68151).
5. Hearing. The court hears all relevant evidence, including family members who know the person’s history. Testimony is under oath (§ 397.6957).

Timelines vary by county and case facts. Your attorney explains each stage as it arrives.

Why Robinson Casey for This Matter

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

Richard J. Casey III, Esq. is the responsible attorney for this page. Our team includes support staff who help with paperwork, scheduling and communication, so you’re not left chasing updates.

The firm’s guardianship work includes emergency temporary, plenary and limited guardianship, along with mental health guardianship. Families often face more than one legal question, and the range of these matters can help when a situation changes.

If a matter fits better with another lawyer or firm, we will tell you so and explain your options.

Questions a Spouse Asks Before Calling

Yes, a spouse can file a Marchman petition, but whether a court orders treatment depends on the facts and the judge’s findings.

Talk Through Your Situation With Robinson Casey

If your spouse’s drinking has put your home and your children at risk, you’re deciding your next step while still holding everything together. You want to protect your family, get your spouse real help, and bring stability back to the house.

A confidential conversation can show you which Florida options may fit your facts. Call (561) 849-4700 or schedule a consultation at robinsoncasey.com/contact when you’re ready to lay out what has been happening.