Help for Your Family When Your Husband's Drinking Has Become Dangerous

You Are Watching Someone You Love Drink Every Night

If my husband drinks every night and won’t get help in Florida, the law may offer a court path. A spouse can file a petition for involuntary treatment under the Marchman Act.

Your nights may look the same. He drinks after work, then again after dinner. Promises to cut back don’t last. The whole household now runs on his schedule, and you plan your days around his moods.

Money may be missing, and bills may go unpaid. His behavior may shift without warning. The children notice more than you’d like. You may lie awake listening for the car in the driveway, feeling like you carry all of this alone.

Reaching for legal information is a hard step. Many people in your place feel guilty, scared, or unsure whether things are “bad enough.” This page explains your Florida options in plain language.

Why a Spouse Who Refuses Help Is Not the End of Your Options

A refusal to get help does not end your options in Florida. The law lets a family member start a court process even when the drinker says no.

Under Fla. Stat. § 397.68112, an adult’s spouse or legal guardian may file a petition for involuntary treatment services. Any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment may also file.

Refusal alone is not the whole test. Under Fla. Stat. § 397.675, a refusal to receive services does not by itself show lack of judgment. 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 court looks at the full picture.

Health matters too. MedlinePlus notes that mental health and substance use disorders often occur together and are usually treated at the same time. Florida’s statute also refers to a co-occurring mental health disorder.

You cannot force change through arguments at the kitchen table. A court process gives a judge a role in deciding whether treatment is needed.

What the Marchman Act Covers in Florida

The Marchman Act lets a court order involuntary treatment for a person whose substance use has left them unable to protect themselves. It is part of Chapter 397 of the Florida Statutes.

The court looks at several points. There must be 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. Because of that impairment, the person must have lost the power of self-control with respect to substance abuse, and must also either be in need of substance abuse services, with judgment so impaired that he or she cannot appreciate that need or make a rational decision about it, or be likely to neglect or refuse self-care in a way that poses a real and present threat of substantial harm, and it must not be 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; alternatively, there must be a substantial likelihood that the person has inflicted, or threatened or attempted to inflict, physical harm on himself, herself, or another.

The statute also asks whether willing, able, and responsible family or friends could prevent that harm. 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.”

A petition must name the person, name the petitioner, and state their relationship. It must also state the facts that show why services are needed. Under Fla. Stat. § 397.68141, a petition may include a report from a qualified professional who examined the person within 30 days before filing.

The petition goes to the clerk of the court in the county where the person is located. Under Fla. Stat. § 397.681, the clerk may not charge a fee to file it. The same section gives the respondent the right to counsel at every stage of the proceeding, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily.

How the Court Process Typically Moves Forward

The process usually moves through filing, a clinical assessment, a hearing, and then any court order. The facts of each household shape how the case moves from one step to the next.

In an emergency, the court may act quickly. Under Fla. Stat. § 397.6818, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization. A service provider may hold the person for no more than 72 hours of observation, unless a listed condition applies.

Under Fla. Stat. § 397.6957, the court hears all relevant evidence, which may include testimony from family members who know the person’s history. Testimony is taken under oath, and the proceedings are recorded.

Under Fla. Stat. § 397.697, when the court finds that the conditions for involuntary treatment have been proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days, and if the conditions are expected to continue after that, a renewal may be requested before the 90-day period ends.

The petitioner carries the burden of proof. In J.C. v. State, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. An ex parte order also needs a good faith reason in the petition, as the Second District explained in D.H. v. K.J.R..

A court may also decline to grant a petition. No one can promise how a particular case will end.

When Guardianship May Enter the Picture

Guardianship is a separate court process for an adult who cannot safely manage personal or financial affairs. It is not the same tool as a Marchman petition.

Emergency temporary guardianship is for urgent situations. Under Fla. Stat. § 744.3031, a court may appoint one only after finding imminent danger to the person’s physical or mental health or safety, or danger that property will be wasted, misappropriated, or lost. Fla. Stat. § 744.3031 reads: “The court must specifically find that there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken.”

The same statute requires that notice of the petition and hearing be served on the alleged incapacitated person and their attorney at least 24 hours before the hearing, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. The authority lasts 90 days or until a guardian is appointed, and it may be extended for another 90 days if the emergency still exists. The petition must be verified under Florida probate rule 5.648.

Limited guardianship is a narrower option tied to specific needs.

Which option fits depends on the facts. Don’t assume any one route applies until your household’s circumstances have been reviewed.

Protecting the Children and the Household Finances While You Wait

If a child is in immediate danger, call 911 first. Safety comes before any court paperwork.

Florida families can also call 988 Florida Lifeline, which is free and available 24/7. According to the Florida Department of Children and Families, callers can reach a crisis counselor, who may refer them to mobile or short-term crisis care.

Start a written record. Note dates, what happened, who saw it, missing money, unpaid bills, and any driving or safety incidents. A clear record helps you organize the facts for a lawyer or the court.

Money worries are part of the picture. Florida’s guardianship rules allow an emergency temporary guardian where there appears to be imminent danger that the alleged incapacitated person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. Legal planning can address money matters alongside the health issue.

Common Questions Spouses Ask About a Drinking Husband

Start with your own safety, clear limits, and a written record of what happens.

Talk With Robinson Casey About Your Situation

If your husband drinks every night and refuses help, you can talk with Robinson Casey about which Florida option may fit.

You may be carrying the household alone right now, watching the nights, the money, and the children. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. It serves families across South Florida and statewide.

Bring your written record. Our team can explain how Florida law may apply to your household and which steps may be available. The first consultation is free, confidential, and carries no obligation to continue.

Call (561) 849-4700 or use the contact page to set up a conversation.

This page is the responsibility of Richard J. Casey III, Esq.