The short answer is yes according to this opinion by the Texas Supreme Court. Same-Sex-Divorce-Upheld.pdf The long answer is not exactly.
This opinion upheld the divorce of two same sex couples who got married in Massachusetts in 2004. This couple lived together and raised a child together in Travis County. At some point after they married, they separated and got the court to issue orders with respect to their child’s care. Later, one of the parties petitioned for a divorce to divide property and enter further orders related to the child. A trial was held and on the second day of trial the parties reached an agreement. The Court heard the agreement on the record and granted the terms that agreement. During this two day trial, the reading of the agreement into the record, and the granting of the agreement by the Court, the Office of the Attorney General had numerous attorneys listening to the case.
Immediately AFTER the court granted the agreement, the Office of the Attorney General attempted to intervene in the case. An Intervention is filed when a person or group is not originally a party to a lawsuit but feels that they should be. Typically an intervention is filed while the case is still pending. In this case, however, the Office of the Attorney General attempted to intervene AFTER the case was resolved. The basis for the Office of the Attorney General’s intervention was to uphold the Constitution of the State of Texas that states that a marriage can only be between one man and one woman and therefore, the State cannot recognize a marriage of two people of the same sex. The Office of the Attorney General believes that by allowing two people legally married in another state to divorce here in a state where that marriage is not recognized actually gives recognition to that marriage.
The Texas Supreme Court issued the above-referenced opinion stating that since the Office of the Attorney General did not intervene while the case was pending, the divorce is upheld. While in this case the divorce was upheld, there have been numerous instances where the divorce is not allowed by parties of the same sex. I expect that this will all change in the coming weeks when the United States Supreme Court issues it’s ruling on same sex marriage. Stay tuned for more when that opinion is delivered.