{"id":14926,"date":"2026-10-28T05:10:24","date_gmt":"2026-10-28T05:10:24","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-spouse-petition-florida\/"},"modified":"2026-10-28T05:11:58","modified_gmt":"2026-10-28T05:11:58","slug":"marchman-act-spouse-petition-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-spouse-petition-florida\/","title":{"rendered":"Marchman Act Spouse Petition Florida: What to Know"},"content":{"rendered":"\n
<\/span>\"A
\n

Marchman Act Petitions | Florida Guardianship<\/p>

Your Spouse's Addiction Has Made Home Unsafe. You Do Not Have to Face It Alone.<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. Richard J. Casey III, Esq. is responsible for this page. Call to talk through your situation.<\/p>

Schedule a Free Consultation or Call (561) 849-4149<\/a><\/div>
Schedule a Free Consultation or Call (561) 849-4149<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 28, 2026<\/p>\n\n

\n\n

When Your Spouse’s Addiction Has Made Home Unsafe<\/h2>\n

A spouse can file a Marchman Act petition in Florida. The petition asks a court to order an assessment and, if the legal criteria are met, treatment for a person with a substance use problem. The Fla. Stat. \u00a7 397.68112<\/a> statute names the spouse as someone who may file.<\/p>\n

Maybe you are living this now. Money is tight. Your spouse’s behavior is hard to predict. You lie awake worrying about the children. A hospital stay or a frightening night has made you feel that things cannot go on this way.<\/p>\n

The Marchman Act is Florida’s Chapter 397 process for court-ordered help. It covers involuntary treatment for substance abuse impairment, including involuntary commitment for addiction. It is a court case. A judge decides after a hearing, based on evidence. It is not an informal intervention.<\/p>\n

The process is built for people who may not seek help on their own. It cannot make a marriage work, and it cannot promise recovery. What it can do is put the question in front of a judge.<\/p>\n\n

\n

If your spouse's addiction has left your household feeling unsafe, you don't have to work out the Marchman Act alone. Contact us to talk through your family's situation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"A<\/figure>\n

Who Can File a Marchman Act Petition, Including a Spouse<\/h2>\n

A spouse can file. For an adult respondent, the statute allows a petition from the spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and the person’s prior assessment and treatment. The statute lists the spouse as a petitioner.<\/p>\n

Location matters. The petition is filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing. See Fla. Stat. \u00a7 397.681<\/a>. In J.P. v. J.N.<\/a>, the Fifth District held that filing in the wrong county is a venue defect, not a lack of jurisdiction. Miami-Dade filings go to the Miami-Dade Clerk’s mental health court page<\/a>, which directs adult substance abuse petitions to the Clerk’s Office Probate Court.<\/p>\n

Your own location matters less than the person’s. Ask where your spouse is physically staying when you file, because that is the county that counts.<\/p>\n

What the Court Needs to See: Building the Petition Evidence<\/h2>\n

The court needs facts, not a general description of a hard marriage. The petition must name the respondent and the petitioner, state their relationship, give the name of the respondent’s attorney if known, and list the factual allegations. Under Fla. Stat. \u00a7 397.68141<\/a>, the factual allegations in a Marchman Act petition for involuntary services must demonstrate the petitioner’s reason for believing that the respondent is substance abuse impaired, the reason for believing that because of that impairment the respondent has lost the power of self-control with respect to substance abuse, and either that the respondent has inflicted or is likely to inflict physical harm, or that the respondent’s refusal of care is based on impaired judgment.<\/p>\n