This one is such a difficult situation to call. My now husband was not Catholic and divorced at the time we started dating. He told me he was divorced on our first date not before it. Since he didn’t understand the teachings of the Church then I understood why he waited to tell me.
Here is the interesting part that we had trouble understanding. The tribunal only has authority to examine marriages for decree of nullity if we as Catholics submit them for examination. From what I have read the only other ones they will examine are those from people considering becoming Catholic and those who are considering marrying a Catholic.
Is this a catch-22? How can you be considering marrying a Catholic if a Catholic hadn’t consented to date a divorced person?
For us personally it was because my husband was willing to file his paperwork from day one that we continued to date. We also studied his former marriage and discussed that it had more ear-marks of not being a marriage than it did of being a marriage.
One of the reasons he became Catholic was because of the the teaching on marriage. He said he always felt like a marriage never took place but his evangelical church said that since they said the vows, a marriage took place.