If the spouse applies for divorce after cheating, he or she may not agree to divorce by agreement or file a divorce lawsuit. In general, it is necessary to prove the emotional breakdown of both parties when filing a divorce lawsuit, because the court judges divorce according to the criteria of emotional breakdown. If the other party's infidelity constitutes a serious fault, the court shall grant divorce after mediation. If the divorce is caused by 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.