{"id":18899,"date":"2026-11-08T06:49:06","date_gmt":"2026-11-08T06:49:06","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-spouse-petition-checklist\/"},"modified":"2026-11-09T06:57:16","modified_gmt":"2026-11-09T06:57:16","slug":"involuntary-commitment-addiction-spouse-petition-checklist","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-spouse-petition-checklist\/","title":{"rendered":"Marchman Act Petitioner Checklist for a Spouse in Florida"},"content":{"rendered":"\n
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Marchman Act & Guardianship | South Florida<\/p>

Preparing a Marchman Act Petition for Your Spouse? Start With This Checklist<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida. Use this checklist to organize what you need 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 8, 2026<\/p>\n\n

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Your home is unstable, and the children are seeing it<\/h2>\n

Yes, Florida law lets a spouse ask a court to order an assessment and possible treatment for a partner whose substance use is harming the household. That request is called a Marchman Act petition.<\/p>\n

You may be listening for the car in the driveway. The drinking may happen after the kids are in bed, or in front of them. Money keeps going missing, and you don’t know what tomorrow will bring.<\/p>\n

A spouse is on the list of people who may file for an adult, under \u00a7 397.68112<\/a>. A petition asks a court to act. Those are separate questions.<\/p>\n\n

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If your spouse's drinking has made home feel unsafe for your children, you don't have to work out the next step alone. Call Robinson Casey at (561) 849-4700 to talk through your checklist results. 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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Petitioner checklist: is this the right step for your family?<\/h2>\n

Work through these five tests in order. Each result tells you what to do next.<\/p>\n

Test 1: Is your spouse’s drinking or drug use hurting the home or the children?<\/strong>\nYes means missed work, unsafe driving, lapses in supervision, or intoxication around the kids. If yes, keep going. If no, keep notes and return to this list later.<\/p>\n

Test 2: Can you describe specific recent incidents with dates?<\/strong>\nIf yes, keep going. If no, start a dated log before you do anything else.<\/p>\n

Test 3: Has your spouse refused help or played down the problem when you raised it?<\/strong>\nIf yes, a petition may be the next option to discuss. If no, have one planned conversation first and write down what was said.<\/p>\n

Test 4: Is there an immediate risk, such as threats, violence, a child left alone while impaired, or a medical emergency?<\/strong>\nIf yes, call 911 or emergency services first, then contact Robinson Casey the same day. If no, move on to Test 5.<\/p>\n

Are you willing to sign a sworn statement and testify about what you have seen?<\/strong>\nWhere a law or court rule requires a document to be verified, the verification may be made under penalties of perjury, and a person who knowingly makes a false declaration is guilty of perjury by false written declaration, a felony of the third degree, under \u00a7 92.525<\/a>. If yes, keep going. If unsure, talk it through with Robinson Casey before filing.<\/p>\n

Documenting what you have seen before you file<\/h2>\n

Write down what you observed, when it happened, and who else was there. Keep the record factual and calm.<\/p>\n