Intermarriage and ramifications

[rabbiyitz]

Was her first marriage to the gentile man legitimate according Halacha?

In the context of Halacha (Torah Law) marriage for a Jewish person can only happen between two Jews; thus if a Jew "marries" a non-Jew it is not a halachic marriage, since the Torah forbids such a union.
If the woman who has the children is Jewish, then so are the children who are born to her.

Is she now considered a divorcée?

The non-Jewish spouse has civil and Noahide obligations and thus a civil divorce is required, but there is no need for a Jewish divorce (a "get"), because it does not apply. Being that there was no halachic marriage and therefore no "get," the woman is not considered a "divorcée."

Can she now marry a (ordinary) Cohen?

Nevertheless she is afterward forbidden to marry a Cohen - not because she is a divorcée, but rather because she had willing relations with a man whom she is forbidden to have relations with by Torah Law. In fact, her daughter from a non-Jew may not marry a Cohen.

One who did not know that he/she was Jewish and finds out later and returns to the Jewish faith should consult with a reliable Orthodox Rabbi about what might be required for completion of the process of teshuva (return and repentance).