2026 Guide Wilmington, DE New Castle County

Legal Costs in Wilmington, DE (2026)

Filing fees for LLCs, divorce, small claims, and notary services in Wilmington — all sourced from official Delaware state records.

$90

LLC filing fee

$165

Divorce fee

$25,000

Small claims max

Notary fee cap

LegalCostCalculator Editorial Team Data sourced from official government websites · Last reviewed: May 2026

Wilmington is a city in New Castle County, Delaware. Whether you're starting a business, filing a small claims case, or going through a divorce, the fees you pay are set at the Delaware state level — not the city or county level — with limited exceptions for county-specific court fees. Forming an LLC costs $90 in state filing fees. Small claims cases can be filed for disputes up to $25,000 in the Justice of the Peace Court. Divorce filing fees in Delaware start at $165. All figures on this page are verified from official Delaware government sources and updated for 2026.

Form an LLC in Wilmington, DE

To form an LLC with a Wilmington address, you file with the Delaware Secretary of State — not the city or county. The state filing fee is $90. Standard processing takes 7 business days. There is also an annual report fee of $300.

State filing fee	$90
Annual report fee	$300
Standard processing	7 business days
Expedited processing	1
Publication cost	Not required

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Small Claims Court in Wilmington

Small claims cases in Wilmington are heard at the Justice of the Peace Court in New Castle County. The maximum you can sue for is $25,000. Filing fees range from $35–$100 depending on the claim amount.

Court name	Justice of the Peace Court
Filing location	New Castle County
Maximum claim limit	$25,000
Filing fee	$35–$100
Written contract SOL	3 years
Oral contract SOL	3 years

Full Delaware small claims guide →

Where to File in Wilmington

New Castle County Court of Common Pleas

Address

500 N King St, Wilmington, DE 19801

Phone

(302) 255-0300

Hours

Mon–Fri 8:30 AM – 4:30 PM

Official Website

courts.delaware.gov/ccp

Always call ahead to verify hours and accepted payment methods before visiting. Hours may vary on holidays.

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Filing for Divorce in Wilmington

Divorce petitions in Wilmington are filed at the New Castle County courthouse. The Delaware state filing fee is $165. Sheriff service costs $60.

Filing location	New Castle County Courthouse
Filing fee	$165 (Delaware state)
Sheriff service fee	$60
Children surcharge	None
Parenting class	Not required
Certified copy fee	$10

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Find a Notary in Wilmington, DE

Delaware caps notary fees at $5 per notarial act ($25 for remote online notarization). Common places to find a notary in Wilmington: your bank (often free for account holders), UPS Store, FedEx Office, public libraries, and law offices.

Delaware also allows Remote Online Notarization (RON) — get documents notarized via video call from anywhere, capped at $25. Useful if you can't travel to a Wilmington notary in person.

Acknowledgment fee cap	$5
Jurat fee cap	$5
RON (remote online)	$25
State fee law	Yes — fee cap enforced

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Frequently Asked Questions

How much does it cost to form an LLC in Wilmington, DE?

Forming an LLC in Wilmington costs $90 for the Delaware state filing fee. The annual report fee is $300/year. This is a statewide fee — the same amount regardless of which city you're in. Use a registered agent service for privacy and compliance.

Where is the small claims court in Wilmington?

Small claims cases in Wilmington are filed in the Justice of the Peace Court serving New Castle County. Contact the New Castle County courthouse to confirm the address, hours, and accepted payment methods before you go. The maximum claim limit is $25,000 and the filing fee is $35–$100.

How much does a notary cost in Wilmington?

In Wilmington, notary fees are capped at $5 per notarial act. Typical in-person fees at UPS Store or FedEx are $10–$15 per signature. Many banks offer free notary service to account holders. For RON (remote online notarization), the cap is $25.

How do I file for divorce in Wilmington?

To file for divorce in Wilmington, file your petition at the New Castle County courthouse. The Delaware base divorce filing fee is $165. You must meet Delaware's residency requirement (typically 6+ months in the state). For uncontested divorces, online services can prepare all your paperwork.

What is the small claims limit in Wilmington?

The small claims limit in Wilmington is $25,000 — the maximum you can sue for in Justice of the Peace Court in Delaware. This limit applies throughout the state regardless of city. Filing fees are $35–$100. If your claim exceeds the limit, you can reduce it to qualify for small claims or file in a higher civil court.

Where do I file small claims in New Castle County?

Small claims cases in New Castle County are filed at the local courthouse in New Castle County. The Delaware small claims court (Justice of the Peace Court) handles all monetary disputes up to $25,000. Filing fees are $35–$100. Contact the New Castle County court clerk for the current address, hours, and filing procedures.