LegalCostCalculator.org
Created May 2026 · Reviewed and verified October 2026 Side-by-Side

Delaware vs Montana: Legal Cost Comparison (2026)

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

Montana
Cheaper LLC
Montana
Cheaper Divorce
Delaware
Higher SC Limit

LLC Formation Costs: Delaware vs Montana

Delaware
Montana

Filing Fee

$90
$35 WIN

Montana is cheaper here

Annual Report

$300
$35 WIN

Montana is cheaper here

Publication Cost

$0
$0

It's a tie

Franchise Tax

$0
$0

It's a tie

Est. Year-1 Total

$90
$35 WIN

Montana 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.

Montana: The annual report fee is $35 on the state fee schedule, but it is waived for reports filed by April 15 in 2026 and 2027.

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

Montana: Lowest formation fee in the US at $35. No sales tax.

Editor's pick

Ready to Form Your LLC?

Let a trusted formation service handle the paperwork for your chosen state — starting at $39 + state fees.

A local attorney bills $300+/hour for this. LegalZoom does it flat-fee, online.

Small Claims Court: Delaware vs Montana

Delaware
Montana

Max Claim Limit

$25,000 WIN
$7,000

Delaware is cheaper here

Min Filing Fee

$35
$20 WIN

Montana is cheaper here

Contract SOL

3 yrs
8 yrs WIN

Montana is cheaper here

Divorce Filing Costs: Delaware vs Montana

Delaware
Montana

Filing Fee

$165
$120 WIN

Montana is cheaper here

Sheriff Service

$60
$50 WIN

Montana is cheaper here

Children Surcharge

$0
$0

It's a tie

Notary Fees: Delaware vs Montana

Delaware
Montana

Acknowledgment

$5
$10

Jurat

$5
$10

RON Fee

$25
$10

Which of These Fits Your Situation?

Self-serve templates and guides, instant download, no attorney needed.

Small Claims Demand Letter Template
Small Claims

HTML, Word (.docx), instant download

LLC Operating Agreement Template
LLC Formation

HTML, Word (.docx), instant download

Uncontested Divorce Checklist & Forms Guide
Divorce

HTML, Word (.docx), instant download

Dealing with more than one? Get My Everything Bundle: $109.99 (save vs. buying separately)

All Legal Costs in Delaware
Full breakdown: LLC, divorce, small claims & notary
All Legal Costs in Montana
Full breakdown: LLC, divorce, small claims & notary

Frequently Asked Questions

Is Delaware or Montana cheaper to form an LLC?
Montana is cheaper to form an LLC — $35 vs $90. However, consider the full first-year cost including annual report fees: Delaware year-1 total is $90 vs Montana at $35.
What is the LLC filing fee in Delaware vs Montana?
The LLC filing fee is $90 in Delaware vs $35 in Montana. In addition to the one-time filing fee, Delaware charges a $300 annual report fee and Montana charges a $35 annual report fee.
Which state is better for a small business — Delaware or Montana?
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 Montana 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 Montana?
Montana has lower divorce filing fees — $120 vs $165. Both states also charge for service of process ($60 in Delaware, $50 in Montana). 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 Montana?
The small claims limit is $25,000 in Delaware vs $7,000 in Montana. Delaware allows you to sue for more money without going to regular civil court. Filing fees are $35 in Delaware and $20 in Montana.

Our mission is to educate. We give everyone the most accurate, complete legal cost information available online, free.

Keeping it accurate takes real work. Fees change across all 50 states and 530+ counties, so we check every official source monthly and review every state each quarter.

If this information helped you, please consider supporting our work. A coffee, a short review, or using our templates and partner links is what keeps this site free.

Buy us a coffee Leave a review Browse templates
Buy us a coffee