Addiction can affect anyone, regardless of their net worth. Indeed, addiction causes divorces for many Florida high-net-worth couples.
What can I do if I do not want a divorce yet?
If you think you have tried everything to get your husband or wife help, Florida law has an atomic option: involuntary commitment for treatment. Through the Marchman Act, you could have your addict spouse forcefully placed into treatment.
The Marchman Act
Passed in 1993, the Marchman Act allows for blood relatives, spouses or three unrelated people to request a Fort Myers, Florida, civil court involuntary commitment an addict for substance abuse treatment. This can be done through a trial with the addict, or in extreme cases, without them. They will be evaluated, and if needed, forced into treatment and detox.
To have a loved one involuntarily committed, you have to prove three things. First, they do not have the ability to stop using (i.e., they are an addict). Second, the addict does not realize the danger or have the ability to make rational decisions. Finally, the addict is a danger to others or themselves.
How it is done in practice
You would file a petition for assessment with the civil clerk in the addict’s county of residence. The assessment is to determine whether the addict meets the requirements of the Marchman Act.
This is the first step in the process, and some counties actually have specific receiving facilities for these evaluations. County officials make a recommendation on the level of rehab and treatment the addict needs.
Treatment does not always work
Of course, your husband or wife’s addiction treatment may not work. And, if it does not, even after involuntary treatment, divorce may the only option left.
Your family law attorney may be able to help you through the Marchman Act, and if needed, divorce.