Need help - should I decline ITA and enter again to change my status from "divorced" to "spouse non-accompanying"

[ありす]

Hi friends, it's urgent and I need your help.

I got ITA on Sep.30 (score: 478). According to California law, the dissolution of marriage needs six months to complete so I am not officially divorced until Feb.7, 2021.

Then I learned that if I choose "spouse non-accompanying", it's the same as "divorced". (My mistake of not knowing this earlier )

As I need to submit the application before Dec.31, 2020 (before Feb.7, 2021), what should I do? Should I decline the ITA and choose "spouse non-accompanying"? Or are there any better solutions?

Thanks so much for your time and help!