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Dear Kathryn,
- = Never married Protestant
- = Former Protestant spouse
- = Former spouse of B.
- = Person who now wants to marry A.
The answer depends on the faith of C. and how B. and C. were married.
If C. was Catholic or Orthodox and B. and C. were not married in the Church then that [B./C.] marriage was invalid making the [A./B.] marriage valid — meaning A. needs an annulment prior to marrying the Catholic D.
If C. was not Catholic or Orthodox or if they were and the [B./C.] marriage was properly celebrated in a Church then the [B./C.] marriage was valid. This makes the [A./B.] marriage invalid therefore A. is free to marry D.
If this is the case, an Annulment is not needed instead the Tribunal would do a Ligamen case proving all this.
Fr. Jonathan
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