guess I don’t see how its relevant. I was not a Catholic when I got married at 19. We divorced over 10 years ago. He is remarried. Why should all of that keep me from becoming a Catholic? Can’t I just confess? Absolve my sins? Repent?
The Catholic Church starts with the presumption of a validity of a given marriage. For Catholics, for a marriage to be valid requires that Catholics follow Catholic norms such as marrying in Church. A nonCatholic who follows the ‘presumption of validity’ for HIS church, or a nonChristian who follows the presumption of validity by marrying in a legal civil ceremony, is considered validly married.
Therefore when you married, as a nonCatholic, you married legally, correct? You didn’t have any particular other requirement, but you did marry ‘legally’ and your marriage is presumed to be valid on that basis.
For your marriage to turn out to be invalid means that there must have been something AT THE TIME OF THE MARRIAGE OR BEFORE that would have interfered with your (or your husband’s) ability to make a valid contract of marriage. Such things would include, for example, if your husband had a mental illness and did not tell you of it. . .because if you had known, you would not have married him. Therefore, there was fraud. There are other grounds as well. Perhaps, at 19, you (or your spouse) had no idea of staying married ‘forever’. Perhaps one of you just wanted the ‘wedding’ and never intended to ‘stick it out’. That kind of immaturity could lead to there not being a capacity to enter a valid marriage, etc.
Things that happen AFTERWARD are a different story. You cannot get an annulment 'because he left me and remarried." That was wrong of him, and tragic. . .but it is no ‘reason’ to declare the marriage itself invalid. However, if he left you because at the time of the marriage, he had never intended to ‘stay’ in the marriage, because this would have been his state of mind AT THE TIME OF THE MARRIAGE, it could be grounds for an annulment. Adultery, divorce, and even remarriage are not grounds themselves, though.
What would you do, then, if the Tribunal found the first marriage valid, and meanwhile you had met and married somebody yourself? Then, as a Catholic, you would be in the position of either ‘giving up’ the new man, or defying your catholic faith to live in sin with the new man. Fearsome choices. But not, you’ll note, choices that "the Church’ has forced upon you. The Church is a great defender of marriage. As a person who was married, the Church assumes (until proven otherwise by its investigators, if explored) that your first marriage was valid, because you did, after all, marry, and you and your ex-husband did make vows.
I know and I understand–I was married, my ex likewise divorced me and has remarried–and even after all that I still waited 3 years before seeking the decree, and it took 11 months (and no, he wasn’t that cooperative either). . .and if it had found the marriage valid I would have accepted that finding with just as much ‘acceptance’ (I trust) that I accepted that the finding was that the marriage was not valid and I am free to marry. Actually I was almost as relieved for my ex (since he has remarried) because I didn’t have to worry about HIM living in sin.
Trust the Church. It is hard. . .but it is so worth it.
I don’t know if YOU have remarried yourself–that makes it harder because if you HAVE remarried, then there is no WAY you can ‘confess and repent’, is there? If you have remarried, without a decree of nullity, with your FIRST marriage still presumed valid, then you are living in sin with your ‘second’ husband (even if it is a ‘legal marriage’) and you’d still be living with him, and still in sin. That is usually the biggest hangup for people seeking an annulment–they can’t understand why if their FIRST spouse’ dumped them’ and is remarried, that they can’t do exactly the same thing, get the ‘decree’ (because hey, if the first guy cheated, then the marriage was obviously defective). . .so let me have my second! But it doesn’t work that way. . . Vows are ‘for better and for worse’ not, "unless he dumps me in which case this marriage is null and void.’ IOW, a marriage doesn’t become defective because of things that occur DURING the marriage. The marriage is ONLY ‘defective’ if there was a problem RIGHT AT THE START.