LegalCostCalculator
Updated May 2026 Side-by-Side

Delaware vs Florida: Legal Cost Comparison (2026)

Full side-by-side breakdown of legal fees in Delaware and Florida — LLC formation, divorce filing, small claims limits, and notary fees.

Delaware
Cheaper LLC
Delaware
Cheaper Divorce
Delaware
Higher SC Limit

LLC Formation Costs: Delaware vs Florida

Delaware
Florida

Filing Fee

$90 WIN
$125

✓ Delaware is cheaper here

Annual Report

$300
$138 WIN

✓ Florida is cheaper here

Publication Cost

$0
$0

It's a tie

Franchise Tax

$0
$0

It's a tie

Est. Year-1 Total

$90 WIN
$125

✓ Delaware is cheaper here

Delaware: Delaware's $300 annual franchise fee makes ongoing costs high for small businesses that don't benefit from its court system.

Florida: Annual report must be filed between January 1 and May 1 each year or a $400 late fee applies.

Delaware: Most investor-friendly state — preferred if you plan to raise venture capital or have multiple members.

Florida: No state income tax — major advantage for profitable LLCs.

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Small Claims Court: Delaware vs Florida

Delaware
Florida

Max Claim Limit

$25,000 WIN
$8,000

✓ Delaware is cheaper here

Min Filing Fee

$35 WIN
$55

✓ Delaware is cheaper here

Contract SOL

3 yrs
5 yrs WIN

✓ Florida is cheaper here

Divorce Filing Costs: Delaware vs Florida

Delaware
Florida

Filing Fee

$165 WIN
$400

✓ Delaware is cheaper here

Sheriff Service

$60
$40 WIN

✓ Florida is cheaper here

Children Surcharge

$0
$0

It's a tie

Notary Fees: Delaware vs Florida

Delaware
Florida

Acknowledgment

$5
$10

Jurat

$5
$10

RON Fee

$25
$25
All Legal Costs in Delaware →
Full breakdown: LLC, divorce, small claims & notary
All Legal Costs in Florida →
Full breakdown: LLC, divorce, small claims & notary

Frequently Asked Questions

Is Delaware or Florida cheaper to form an LLC?
Delaware is cheaper to form an LLC — $90 vs $125. However, consider the full first-year cost including annual report fees: Delaware year-1 total is $90 vs Florida at $125.
What is the LLC filing fee in Delaware vs Florida?
The LLC filing fee is $90 in Delaware vs $125 in Florida. In addition to the one-time filing fee, Delaware charges a $300 annual report fee and Florida charges a $138 annual report fee.
Which state is better for a small business — Delaware or Florida?
For most small businesses operating in one state, form your LLC in the state where you actually do business. If you operate in Delaware, form there — registering in Florida and then foreign-qualifying in Delaware means paying fees to both states. The "form in a cheaper state" strategy mainly benefits online businesses with no physical location.
How do divorce filing fees compare between Delaware and Florida?
Delaware has lower divorce filing fees — $165 vs $400. Both states also charge for service of process ($60 in Delaware, $40 in Florida). You can only file divorce in a state where you or your spouse meets the residency requirement.
What is the small claims limit in Delaware vs Florida?
The small claims limit is $25,000 in Delaware vs $8,000 in Florida. Delaware allows you to sue for more money without going to regular civil court. Filing fees are $35 in Delaware and $55 in Florida.