How to get a divorce if you find out your husband is cheating? If your husband cheats on you, you can choose divorce by agreement or divorce through litigation. Divorce by agreement requires both parties to agree to the divorce and reach an agreement on issues such as property division and child support. Litigation divorce is not required. As long as one party wants a divorce, they can file a divorce lawsuit with the court. Article 1079 of the Chinese People's Liberation Army and Nationality Law stipulates that if one spouse requests a divorce, the marriage may be mediated by relevant organizations, or the divorce proceedings may be filed directly with the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted. If mediation fails under any of the following circumstances, divorce shall be granted: (1) Bigamy or cohabitation with others; (2) Domestic violence or abuse or abandonment of family members; (3) Gambling, drug abuse and other bad habits that persist despite repeated admonitions; (4) Separation for more than two years due to emotional incompatibility; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court decides that divorce is not allowed, and the two parties have lived separately for one year, and one party files a divorce lawsuit again, the divorce shall be granted.