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Marrying an atheist woman who is not yet divorced?

Q:

i want to marriage with one lady. but she don’t believe any religion before her in life. but now she have interesting to accept Islam. and she want to marriage with me. but before she already mariage in her country, and that her husband also no have any religion.they already separate long time ago. but in government document they are still married. her husband don’t want to come in court and give signature in divorce paper . so i have question, is this possible if she just accept Islam and without divorce,can she marriage with me.

A:

Waalykum salam

Thank you for your Question.

A man cannot marry a married woman. Hence, she must get divorced first. And, as a Muslimah she also must observe her Iddah, that is waiting period before she considers remarrying.

I will suggest you also refer to the following link

Marriage with a Convert

Also refer to the following for a like Q&A

https://www.sistani.org/english/qa/01223/

Text:

Question: Is it permissible for a Muslim man to marry a non-Muslim woman who is still married to a non-Muslim man? Is there an ‘idda period for her when she separates from her non-Muslim husband? What is the period of that ‘idda? Is it permissible to have sexual relations with her during the time when she is in the ‘idda from her non-Muslim husband? If she embraces Islam, how long will her ‘idda be, if she intends to marry a Muslim man?

Answer: It is not permissible to marry her while she is married to a non-Muslim in a marriage which is recognized by them because she is a married woman. It is permissible to marry her temporarily after her divorce and after the completion of the ‘idda from her non-Muslim husband. (The period of her ‘idda is not different from the ‘idda of a Muslim woman.) Therefore, it is not permissible before the completion of the ‘idda.
If she becomes a Muslim after having had sexual relations with her non-Muslim husband and the husband has not embraced Islam, it is precuationarily obligatory for a Muslim not to marry her until after the completion of her ‘idda. But if she became a Muslim without having ever established sexual relations with her non-Muslim husband, then their marriage will be annulled immediately and there is no ‘idda in such a case

hope this was useful,
regards,
N.S.Jaffery