In the case of State v. Clements, the South Dakota Supreme Court ruled that the criminal offense of bigamy is committed when one party to the marriage enters into a marriage contract or relationship while the party already has a living spouse. The Defendant did not have the legal defense of impossiblity available to him by relying upon a state civil statute which declared that bigamous marriages are void ab initio.
-Rob Hagy, Charlottesville Divorce Attorney. For help with issues like this issue, please contact me at firstname.lastname@example.org or call me at (434)293-4562. This defense has been tried on at least one occassion in Virginia. And the Defendant in that case was unsuccessful just like the Defendant in this case. See Cole v. Commonwealth, 58 Va. App. 642, 712 S.E.2d 759 (2011).