Dear David,

From the information you've told us, the woman you're currently dating is presumed to be married. Until or unless an annulment is declared for her previous marriage, it is assumed she is in a valid marriage.

Therefore, an answer to your question is, No.

There would have to be a declaration of nullity before any thought of marriage should enter both your minds.

Peace,

Paul

David,

Your friend would inquire at her parish to initiate the process. The Church would examine the testimonies and determine if there are grounds for an annulment. The union would have had to be undertaken with something lacking:

• in the freedom of one of the parties
• in the understanding of marriage
• in the intent, or
• (for Catholics) in the form.

For instance:

• if she had married a Catholic, but had done it in a civil ceremony, or
• within the ceremony of another religion without a dispensation from the bishop or a Catholic witness

then the marriage would be found not valid.

As for intent, she and he would have had to intend what the Church understands by marriage.
That it is:

• permanent, and life-giving (if possible)
• an exclusive union, with the Church's understanding of what marriage is.

As for freedom, they both would have had to:

• be free to marry
• not coerced or pressured by circumstances
• not be ignorant about marriage, or
• deceived or ignorant about essential qualities of the other person (for instance, that he was alcoholic, or that she was a seamstress, when she claimed to be an heiress).

There are other considerations, also, so the best thing is to start the process by seeing your pastor.

Mary Ann