Texas Attorney General Greg Abbott will appeal the divorce of a lesbian couple.

The Texas attorney general's office, whose motion to intervene in the case was refused by Travis County District Judge Scott Jenkins, confirmed to Newsweek that the state would appeal.

Sabina Daly, 41, of San Antonio, and Angelique Naylor, 39, of Austin, were married in Massachusetts in 2004. The couple later moved to Texas, where they built a home restoration and renovation business and adopted a now four-year-old son.

The women were granted a divorce on February 9. The next day, Abbott attempted to intervene in the case, but Judge Jenkins refused, saying that while both parties had yet to sign off on the final decree, oral judgments are final in Travis County family court. Therefore, the state could not intervene in the case.

“His appeal is a politically motivated attack and attempt to wear me down financially by running up my legal bills,” Naylor told the magazine.

News of the action comes just days before the 5th District Court of Appeals will hear a similar case, also appealed by Abbott's office. The hearing will take place Wednesday at 2PM in Dallas.

The court will rule on whether two men – known only as J.B. and H.B. – who married in Massachusetts can legally divorce in Texas. Abbott argues that the marriage should be “voided,” which would essentially nullify the marriage as invalid.

Abbott says he is concerned that a gay divorce would force the state to recognize the existence of gay marriage.

“A divorce is an ending or a termination of a valid legal marriage,” Abbott said. “In this instance there was no valid legal marriage recognized by the state of Texas. Texas can't have a faulty precedent on the books that validates an illegal law.”

Judge Jenkins asked Abbott not to appeal the divorce, saying the Dallas case would decide the matter.

A sentiment echoed by Naylor: “I … feel that his appeal of my case is an egregious misuse of state resources when there is already an almost identical case already set for a hearing in the 5th court of appeals next week.”