To recognize the fault in the lawsuit of divorce damage compensation is a difficult and complex problem. In practice, it is difficult for one person to propose the evidence which proved that the opposite party has the situations of "one who has the spouse to marry others, one who has the spouse to live with others, to a-buse and maltreat other family members, to abandon other family members" by the article 46 of "Marriage law". This paper studies the fault of four types of situations above, and gives some suggestion of legislation, expecting to benefit the marriage legislation and judicial practice in China