eea family permit/divorce

[dumi_kl]

i need urgent help if anyone knows how i can get round this problem.
i married a french national in new york in 2001 and moved to france then england in december 2002 on an eea permit issued in france by the british consulate for one year. in june 2003 i was issued with the 5 year card by the home office. both of us were working and had a child and bought a property together in england. in april 2007 she left me in england and returned to france with our baby after marital problems. she applied for a divorce in march 2008 from france but had to have the proceedings stopped because i was applying for the right of access to my child. in the end could not afford the legal fees so i stopped the application and wrote to home office to apply for the right to remain in britain on the basis that we were married for mor than three years and can prove that both of us lived together for four years.
my question is will i qualify for the right to retain my residence for the divorce proceedings are under way and my application has not been decided yet