{"id":17907,"date":"2026-11-05T09:53:03","date_gmt":"2026-11-05T09:53:03","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-checklist-florida-spouses\/"},"modified":"2026-11-08T19:12:07","modified_gmt":"2026-11-08T19:12:07","slug":"marchman-act-checklist-florida-spouses","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-checklist-florida-spouses\/","title":{"rendered":"Marchman Act Checklist for Florida Spouses"},"content":{"rendered":"\n
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Marchman Act & Guardianship | South Florida<\/p>

Facing a Marchman Act petition? Start with this checklist.<\/h1>

Robinson Casey limits practice to Marchman Act petitions and guardianship matters for families in Miami-Dade, across South Florida, and statewide. Use this checklist to organize what you know before you call.<\/p>

Schedule a free consultation<\/a><\/div>
Schedule a free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

Casey III, Esq. \u00b7 Published November 5, 2026<\/p>\n\n

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A Marchman Act petition asks a Florida court to order assessment and treatment for an adult whose substance use puts the household at risk. A spouse can file one. This Marchman Act checklist for spouses in Florida helps you sort your facts before you decide what comes next.<\/p>\n

Where you are right now, and what you are afraid of<\/h2>\n

You are living with a situation you did not choose, and you are trying to hold your home together while it shifts under you.<\/p>\n

Maybe you have been covering for your spouse’s drinking or drug use, hiding bills, or waiting for the next bad night. Maybe a recent overdose, a hospital stay, or a psychiatric crisis made you realize things cannot go on this way.<\/p>\n

Your fears are real. You worry about harm to your children. You worry the money will run out. You worry that if nothing changes, your spouse will get worse and the marriage and family will not survive it.<\/p>\n

Feeling like you carry everything alone is common in homes like this. This page is not a verdict on your marriage. It is a checklist for sorting facts and options under Florida’s Marchman Act and guardianship law.<\/p>\n\n

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If your spouse's addiction has made home unsafe for your children, you don't have to work through the options alone. Call (561) 849-4700 to talk it through. 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
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What the Marchman Act is and who may file a petition<\/h2>\n

The Marchman Act is Florida’s court process for involuntary assessment and treatment of an adult with substance abuse impairment. A spouse may file the petition.<\/p>\n

Under \u00a7 397.68112<\/a>, for an adult respondent, the petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment. The respondent is the person the petition is about.<\/p>\n

The court checks the criteria in \u00a7 397.675<\/a>. The criteria also reach a person with a substance use disorder and a co-occurring mental health disorder.<\/p>\n

The statute also says mere refusal to accept services does not, by itself, show lack of judgment. Under Fla. Stat. \u00a7 397.675<\/a>, the person must have lost the power of self-control with respect to substance abuse. In addition, either they must need substance abuse services and their judgment must be so impaired that they cannot appreciate that need or make a rational decision about it, or, without care, they must be likely to suffer from neglect that poses a real and present threat of substantial harm, where it is not apparent that willing, able, and responsible family members or friends or other services could help them avoid that harm, or there must be a substantial likelihood that they have inflicted, threatened or attempted to inflict, or, unless admitted, are likely to inflict physical harm on themselves or another. The court looks at more than refusal.<\/p>\n

Checklist: Is a Marchman Act petition a possible next step?<\/h2>\n

Answer these six yes-or-no questions about your household. Then bring your answers to a consultation.<\/p>\n

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  1. Has there been a recent serious incident?<\/strong> Yes or no: an overdose, a hospital stay, or a dangerous episode in the past few months? Specific, recent events give the court facts to review. If yes, write down the dates and what happened.<\/li>\n
  2. Has your spouse refused treatment?<\/strong> Yes or no: has your spouse refused help, or started treatment and left it? The key question is whether they can make a rational decision about getting care. If yes, note each refusal.<\/li>\n
  3. Are the children exposed?<\/strong> Yes or no: are the children around intoxication, unpredictable anger, or missed school and medical care? Child safety affects how urgently the situation should be reviewed. If yes, write specifics.<\/li>\n
  4. Is money being drained?<\/strong> Yes or no: are savings, bills, or paychecks being lost to your spouse’s behavior? Financial harm is part of the picture. If yes, keep receipts and statements.<\/li>\n
  5. Has anyone been threatened or hurt?<\/strong> Yes or no: has your spouse harmed themselves or threatened someone? Threats and self-harm need immediate help. If yes, call 911 or a crisis line now, before anything else on this list.<\/li>\n
  6. Can they no longer manage basic decisions?<\/strong> Yes or no: can your spouse no longer handle money, medicine, or daily needs safely? This may point toward guardianship, alone or alongside a petition. If yes, note examples.<\/li>\n<\/ol>\n

    What to do with your results:<\/strong> If most answers are yes, write a one-page timeline and schedule a consultation. If only a few are yes, keep the timeline current and ask about your options anyway. Nothing on this list predicts how a court will rule.<\/p>\n

    Evidence to gather before you call<\/h2>\n

    Before your first meeting, gather a dated incident log, the records you already hold, and a list of people who saw the behavior.<\/p>\n