You cannot marry her as long as she is married. She should file for divorce. If she cannot find her husband to serve him, she would have to ask the court for an order of substituted service which may allow her to serve by publication and sending a copy of the summons and complaint to his last known address. If the court allowed substituted service, the divorce would then proceed like any other divorce other than the issue of property settlement and child related issues may be preserved.
Answered on Sep 16th, 2012 at 8:42 PM