Good point Ohiamfree. I have also been wondering about this strange insistence upon "God's view of marriage". Only Matthew has this exception based on "fornication" (and is not even consistent with itself between 5:32 and 19:9), but Mark and 1 Corinthians don't. A lot of remarriage ruling stuff is based on 2 odd verses in Matthew. So who can say what "God's view" really is?
From the elders book, someone is free to remarry if there has been a legal divorce *and* there has been adultery (either before or after divorce). So I guess that explains (1), because it would be adultery if you weren't legally married.
In case of (2), probably no-one will prevent a person from getting baptized, why would they? But it would prevent that person from remarrying, if I may take a guess. That's the "loving" provision from Jehovah! :-P So yes, the previous mate would have to confess to adultery before the baptized one would be free to remarry. Knowing this organization, they would be consistent in these kind of things. The funny thing is though, it would only mean a trip to a prostitute could be advised for such a person before baptizing (better: before becoming a publisher) and making a confession of that. There would be no repercussions anyway, and it would make that person "scripturally free". Scriptural freedom is symmetrical in all cases; I think one of the better hidden rules of this organization. Of course they would like you to think only the innocent mate is free; that's how they put it in literature, but the elders book says something else entirely (pages 128-131).
In this context, I heard from someone whose mate left her, and also left the organization and didn't want to speak to elders. She was not free to remarry even though he had a new girlfriend. She had to plead and plead and beg him to talk to elders about this. He eventually did, she was free to remarry, and they didn't take action on him because he was inactive or "not identified as a Jehovah's Witness anymore"..... Well I'm glad for him (who wants to be DF'ed anyway?), but was this loving towards her.... nah!