{"id":6574,"date":"2026-10-16T01:33:57","date_gmt":"2026-10-16T01:33:57","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-spouse-partner-florida\/"},"modified":"2026-10-21T14:33:12","modified_gmt":"2026-10-21T14:33:12","slug":"involuntary-commitment-addiction-spouse-partner-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-spouse-partner-florida\/","title":{"rendered":"Florida Lawyer for Spouses: Involuntary Addiction Treatment"},"content":{"rendered":"\n
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Marchman Act Attorney \u00b7 Florida<\/p>

Helping Families Take the First Step Toward Treatment<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters. Speak with Richard J. Casey III, Esq. about involuntary addiction treatment for your spouse in Florida.<\/p>

Schedule Your Free Consultation<\/a><\/div>
Schedule Your Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 15, 2026<\/p>\n\n

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A spouse may be able to file a Marchman Act petition in Florida, but the court decides whether any treatment order is entered. Unmarried partners may or may not fit the statute’s categories, so the facts and the filer’s relationship to the person matter.<\/p>\n

This page explains the process in plain terms. This page provides general information about Florida’s Marchman Act and guardianship matters. It is not legal advice. It is not a promise about how any court will rule.<\/p>\n

What the Marchman Act Is and Whether a Spouse or Partner Can Use It<\/h2>\n

The Marchman Act<\/a> is Florida’s court process for involuntary assessment and treatment<\/a> of adults impaired by substance use. Under Fla. Stat. \u00a7 397.68112<\/a>, a petition for an adult may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the respondent’s impairment and prior treatment. Other requirements may apply, and the court decides.<\/p>\n

The statute uses the word “spouse” without reference to gender. A husband or a wife may each fall within that category. An unmarried partner would need to fit another category, such as a relative or an adult with direct personal knowledge.<\/p>\n

The Baker Act<\/a> is a separate Florida process. This page covers only the Marchman Act.<\/p>\n\n

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Not sure what your next step is?<\/h3>

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

Emergency and Non-Emergency Filings Under the Statute<\/h2>\n

Fla. Stat. \u00a7 397.6818 addresses situations in which the petitioner asserts that emergency circumstances exist, and the court may act on that basis, as the statute provides. Fla. Stat. \u00a7 397.6818<\/a> Each has its own steps, and the court decides how each one applies.<\/p>\n

When emergency circumstances exist, Fla. Stat. \u00a7 397.6818<\/a> says the court may rely solely on the petition. Without appointing an attorney, the court may enter an ex parte order for involuntary assessment and stabilization.<\/p>\n

Chapter 397, Florida Statutes, governs emergency assessment and admission. Other requirements may apply, and the court or a certifying professional decides based on the circumstances of each case.<\/p>\n

Without an emergency, the court still schedules a hearing. Under \u00a7 397.68151<\/a>, the court shall schedule a hearing within 10 court working days unless a continuance is granted. Later timing depends on the court’s schedule and discretion.<\/p>\n

Safety Concerns and Documentation to Gather<\/h2>\n

If anyone is in immediate danger, call 911 first. The Marchman Act runs through the courts. It is not an emergency response line.<\/p>\n

Useful records include:<\/p>\n