Just like those who are about to be married when they get their passport and still have to check "single," someone who is not fully divorced yet, must still check "married." Even if you know you will be divorced or married very soon, you must check the box for your status at this exact time. Once the divorce is final, you can apply for a renewal and name change.
Source: http://www.us-passport-service-guide.com/renew-my-passport-but-not-legally-divorced-yet.html
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