{"id":18563,"date":"2026-11-07T01:31:57","date_gmt":"2026-11-07T01:31:57","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/wife-drinks-every-night-kids-scared-florida-court-treatment\/"},"modified":"2026-11-11T05:02:12","modified_gmt":"2026-11-11T05:02:12","slug":"wife-drinks-every-night-kids-scared-florida-court-treatment","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/wife-drinks-every-night-kids-scared-florida-court-treatment\/","title":{"rendered":"Marchman Act Attorney, South Florida: Can a Court Help?"},"content":{"rendered":"\n
<\/span>\"Judge
\n

Marchman Act Attorney \u00b7 Miami-Dade & South Florida<\/p>

When a Loved One Needs Help, a Court May Be Able to Step In<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Start with a free, confidential first consultation with no obligation to continue.<\/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 6, 2026<\/p>\n\n

\n\n\n

Yes, in some cases a Florida court can order involuntary treatment for alcohol use. The Marchman Act is the process, and a spouse can file the petition.<\/p>\n

If your wife drinks every night and the home feels unsafe, you’re probably asking whether a court can step in. This page answers that directly. It covers who can file, what evidence matters, what a petition can’t do, and what to expect.<\/p>\n

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

Florida law lets a spouse ask a court for help when drinking puts the household at risk. That is the core of the Marchman Act.<\/p>\n

You may be living with a pattern that’s hard to explain to anyone. Drinking starts after work and keeps going into the night. Moods shift without warning. Bills go unpaid while money disappears. The kids have learned to stay quiet or leave the room.<\/p>\n

Many spouses in this spot share the same three fears. They worry about harm to the children. They worry about financial ruin for the household. And they worry about what happens if nothing changes, including losing the marriage and the family.<\/p>\n

Those fears are real. You want your spouse to get proper help. You want the home to feel stable again. You want to stop carrying the whole load alone. Understanding the process early helps you think clearly about what a court can and can’t do.<\/p>\n\n

\n

If your spouse's nightly drinking has the children frightened and the bills piling up, you don't have to work through the court process alone. Reach out to Robinson Casey 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
\"Overhead<\/figure>\n

Can a Florida Court Order Treatment for Alcohol Use?<\/h2>\n

Yes, in some cases a Florida court can order involuntary treatment for substance use through a Marchman Act petition. The process applies to both adults and minors.<\/p>\n

An order is not automatic. The petition must set out specific facts.<\/p>\n

The petition must also explain why the petitioner believes the person either poses a risk of physical harm or cannot see the need for care. The rules are set out in \u00a7 397.68141<\/a>.<\/p>\n

The court must find the conditions proven by clear and convincing evidence before it orders treatment. If it does, the order can run for up to 90 days under \u00a7 397.697<\/a>.<\/p>\n

Whether a court grants a petition depends on the facts of each household.<\/p>\n

Who Can File, Who Gets Notified, and Who Decides<\/h2>\n

As a spouse, you can file a Marchman Act petition. This section covers when the court may order involuntary treatment once the conditions are proved by clear and convincing evidence; it does not say who may file. Who may file is set out in \u00a7 397.68112<\/a>, which names a respondent’s spouse, legal guardian, any relative, a service provider, and certain adults with direct personal knowledge of the drinking and prior treatment. See \u00a7 397.68112<\/a>.<\/p>\n

The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a filing fee for it. See \u00a7 397.681<\/a>.<\/p>\n

The statute says a petition must be filed with the clerk of the court in the county where the person is located, and a filing in the wrong county has been treated as a venue problem, not a loss of jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. (J.P. v. J.N<\/a>., 225 So. 3d 410 (Fla. 5th DCA 2017)) See J.P. v. J.N.<\/a> For Miami-Dade, the Miami-Dade Clerk of the Court<\/a> directs adult cases to the Probate Court.<\/p>\n

Your spouse, as the respondent, receives a copy of the petition and the notice of hearing. The court sets the hearing within 10 court working days unless it grants a continuance. See \u00a7 397.68151<\/a>.<\/p>\n

You file the petition. The court decides whether an order issues.<\/p>\n

What Evidence Matters in a Marchman Act Petition<\/h2>\n

The strongest petitions rest on specific, dated facts, not general complaints. Gather what you can before you file.<\/p>\n