Canon 857

The baptized party has the right of celebrating a new marriage

with a Catholic party if: (1) the other party responds negatively to the interrogation; (2) the interrogation is legitimately omitted; (3) the non-baptized party, either already interrogated or not, at first persevering in peaceful cohabitation

but later departed without just cause, in which case, however, an

interrogation is to be done according to the norms of cann. 855

and 856.