Marchman Act Readiness Checklist for Spouses in Florida
You’re lying awake again, listening for the car in the driveway. The kids are down the hall, and you’re running out of ways to keep the house steady.
If your spouse’s substance use or mental illness has made home unsafe, a Florida court may be able to help. Florida law lets a spouse file a Marchman Act petition for an adult. A court, not you and not a lawyer, decides whether any assessment or treatment is ordered.
This Marchman Act readiness checklist for spouses in Florida gives you yes-or-no tests. Each test tells you what to record and what to do with a yes or a no.
Who This Checklist Is For, and What a Marchman Act Petition Is
A Marchman Act petition is a written request asking a Florida court to order involuntary assessment or treatment for substance abuse.
This checklist is for you, the spouse or partner. It is not a test of the person using. It sorts what you see, what has been tried, and what your household is living with.
Florida law also names who may file for an adult. The list includes a spouse, a legal guardian, a relative, a service provider, and an adult with direct personal knowledge of the person’s impairment and treatment history. See Florida’s rules on who may petition.
For the bigger picture, read our Marchman Act attorney overview.
Safety Checklist: Is the Home Unsafe Right Now?
Safety comes first.
1. Has your spouse driven with the children in the car after drinking or using? Yes: Write the date, time, place, and who was in the car. No: Note any close call you saw, even if nothing happened.
2. Has there been shoving, threats, or violence during drinking or use? Yes: Write each incident with the date, what was said or done, and who saw it. No: Note any moment you felt afraid, even if no one was hurt.
3. Have the children been left without an adult because of intoxication or a blackout? Yes: Write the dates and how long they were alone. No: Keep a simple weekly note for the next month.
4. Have police, paramedics, or an emergency room come to the home because of an episode? Yes: Ask for report numbers and keep every incident or discharge paper. No: Keep notes on any near-calls.
Two or more yes answers form a pattern. Bring your dated notes to your first consultation.
Children Checklist: What Are the Kids Seeing and Hearing?
A yes on these tests is a fact to record, not a verdict on your spouse. Your children’s daily life is the most direct evidence you have.
5. Are the children missing school, sleep, or meals because of the drinking or the chaos? Yes: Note the dates and any school contacts. No: Keep watching for changes in their routine.
6. Have the children hidden from your spouse, or said they feel afraid? Yes: Write their words as close to exact as you can, with the date. Don’t press them for more detail. No: Keep your notes short and private.
7. Have you become the only adult caring for the children during episodes? Yes: List the tasks, the hours, and who helped. No: Note who else steps in when needed.
8. Have the children asked you to keep them safe? Yes: Write the date and the words they used. No: Note any sign that they are worried.
Keep this log private. Avoid arguing with your spouse in front of the children. Your notes help a lawyer understand the history.
Treatment Checklist: What Has Already Been Tried?
Past help matters. Florida law lets a person apply to a provider for voluntary admission to substance abuse treatment. Past offers belong on your timeline.
Refusal alone is not enough. Under the Marchman Act admission criteria, mere refusal to receive services does not by itself constitute evidence of lack of judgment with respect to the need for those services.
9. Has your spouse agreed to an assessment or treatment, then left early or stopped? Yes: Write the program name, the date, and how it ended. No: Write down any offer you made and what was said.
10. Has your spouse refused help after an incident, even when you asked calmly? Yes: Note the date, your words, and the response. No: Keep notes of any help that was offered.
11. Has there been a relapse after a period of sobriety or treatment? Yes: Record the dates of the sober period and of the relapse. No: Note what helped during the sober period.
12. Did a doctor, counselor, or hospital give discharge advice that was not followed? Yes: Keep the discharge papers. No: Keep any written plan you have.
Paperwork Checklist: What to Gather Before You Call
Bring dated notes, records you already have, and a short timeline to your first consultation. A petition must name both people, state their relationship, and set out the facts behind the concern. If there was no assessment, the petition contents rule says the petition must note it.
13. Do you have dated notes for each serious incident? Yes: Keep the originals safe and make a copy. No: Start now with what you remember, and label it as memory.
14. Do you have discharge papers, police reports, or emergency records? Yes: Make copies. No: Write down who may have them.
15. Do you know the names and phone numbers of people who saw the problem? Yes: List each person and what they saw. No: List relatives, school staff, or neighbors who may have seen something.
16. Can you show money strain through unpaid bills, missed payments, or changed spending? Yes: Gather the statements. No: Note any changes in household spending you have noticed.
17. Have you written a timeline from the first sign of trouble to today? Yes: Bring it with you. No: A half-page list is enough to start.
What Your Answers Mean, and How a Court Case Moves
Many yes answers on safety and the children, plus voluntary help that did not hold, is a good reason to talk with a lawyer about a petition. Mostly no answers still call for a written plan.
Here is the general path. A petition is filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it, under Florida’s county filing rules. The person has the right to a lawyer at every stage, though the person may waive that right if present and the court finds the waiver is knowing, intelligent, and voluntary.
The court must set the hearing within 10 court working days, unless a continuance is granted. See Florida hearing timing rules.
Emergencies move faster. A provider may hold the person for no more than 72 hours of observation, unless a listed exception applies, under Florida emergency order rules.
If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days. See Florida’s court determination rules.
Who carries the proof matters. See the C.W.R.K. Fifth District ruling. According to C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, a trial court did not follow the governing statute when, with the petitioner absent, it called and questioned the health care professional who executed the involuntary services certificate.
The court decides. Neither your spouse nor your family makes that call.
Questions Spouses Ask Before They Act
Yes, Florida law lets a spouse file a Marchman Act petition for an adult.
Can I file a petition as my spouse?
Yes. Florida law lists a spouse among those who may file for an adult. Whether a petition fits depends on the facts.
Will my spouse be arrested?
Does my spouse get a lawyer?
Yes. A respondent has the right to counsel at every stage of a judicial proceeding on a petition for involuntary treatment, though the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily.
How soon is the hearing?
The court must schedule it within 10 court working days, unless a continuance is granted.
What does a first consultation cost?
The first consultation is free, confidential, and carries no obligation to continue.
Why Robinson Casey, and Your Next Step
Robinson Casey limits 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. Our team, including assistants and office staff, helps families with scheduling and documents.
At the first consultation, we review your checklist answers, your timeline, and the options a court may consider. Related situations, such as your spouse’s overdose or a mental illness that includes drinking, also fall within the same practice.
If your spouse’s drinking or mental illness has put your children and home at risk, and past help has not held, you don’t have to work through the next step alone. Call (561) 849-4149 or contact us online to talk through your answers. No lawyer can promise how a court will decide.