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No. If you wish to marry the divorced non-catholic man, he will need to seek and receive and annulment.

Marriage is a natural right, and belongs to the natural order. Therefore this person, though he might not have been Catholic was free to contract marriage with his bride in whatever form that took.

My advice to anyone in this situation is to encourage the person to seek an annulment if you wish to get married in the Catholic Church, and if you intend to continue to receive the sacraments.

Since at this point no marriage has been attempted, you are still free to receive the sacraments. If however you attempt a marriage outside the Catholic Church, you will have to refrain from receiving the sacraments unless or until the person seeks and receives an annulment.

Remember: Divorce does not dissolve a marriage, if it was validly contracted. Divorce simply means the couple is no longer living together as husband and wife. Therefore this person might be "divorced" but he is still "married" to the person. This is why an annulment is necessary, and why he is not free without an annulment to enter into a marriage, and why if you attempt to marry without him receiving an annulment you would have to refrain from receiving the sacraments.

I will not lie to you: the annulment process can (though not necessarily) be challenging and it may cost money. HOWEVER---you will find in the end it WILL bring peace and healing for he will be starting his new life with you afresh with his past healed. In short you will find the process to be well worth the challenge (if any) and time. Do not let a lack of funds deter you either.

Answer from a Catholic... there is one possibility that you can look into while seeking an annulment. You need to speak to your confessor about this. There is a possibility of receiving Holy Communion, most likely at another parish, where you are not know, if you live as brother and sister while seeking an annulment. You may only receive Holy Communion while in a state of grace, so you must go to confession and confess your attempt at marriage with someone who is already married. Further, you have to receive Holy Communion where you are not know as if others saw you, while you were living with someone, you would give rise to scandal, which is a very serious sin.
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