Spouses who cheat and ask for divorce can disagree, or they can sue for divorce and claim damages. If one party applies for divorce, and the other party does not agree, it cannot divorce by agreement, but can only divorce by litigation. Both parties to divorce through litigation can make their own claims. If divorce is caused by a major fault, the innocent party has the right to claim damages.
Legal basis:
Article 1091 of the Civil Code of the People's Republic of China
If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:
（1） Bigamy;
（2） Cohabitation with others;
（3） Domestic violence;
（4） Abuse or abandon family members;
（5） There are other major faults.
