LegalCostCalculator
Updated May 2026 Side-by-Side

Delaware vs New York: Legal Cost Comparison (2026)

Full side-by-side breakdown of legal fees in Delaware and New York — 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 New York

Delaware
New York

Filing Fee

$90 WIN
$200

✓ Delaware is cheaper here

Annual Report

$300
$9 WIN

✓ New York is cheaper here

Publication Cost

$0 WIN
$200

✓ Delaware is cheaper here

Franchise Tax

$0 WIN
$25

✓ Delaware is cheaper here

Est. Year-1 Total

$90 WIN
$425

✓ 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.

New York: New York's publication requirement forces new LLCs to publish in two newspapers for 6 weeks — costing $1,000–$2,000 in NYC, or $40–$150 upstate.

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

New York: NYC access — unmatched for finance, media, fashion, and tech businesses.

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Small Claims Court: Delaware vs New York

Delaware
New York

Max Claim Limit

$25,000 WIN
$10,000

✓ Delaware is cheaper here

Min Filing Fee

$35
$15 WIN

✓ New York is cheaper here

Contract SOL

3 yrs
6 yrs WIN

✓ New York is cheaper here

Divorce Filing Costs: Delaware vs New York

Delaware
New York

Filing Fee

$165 WIN
$335

✓ Delaware is cheaper here

Sheriff Service

$60
$60

It's a tie

Children Surcharge

$0
$0

It's a tie

Notary Fees: Delaware vs New York

Delaware
New York

Acknowledgment

$5
$2

Jurat

$5
$2

RON Fee

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

Frequently Asked Questions

Is Delaware or New York cheaper to form an LLC?
Delaware is cheaper to form an LLC — $90 vs $200. However, consider the full first-year cost including annual report fees and publication requirements: Delaware year-1 total is $90 vs New York at $425.
What is the LLC filing fee in Delaware vs New York?
The LLC filing fee is $90 in Delaware vs $200 in New York. In addition to the one-time filing fee, Delaware charges a $300 annual report fee and New York charges a $9 annual report fee.
Which state is better for a small business — Delaware or New York?
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 New York 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 New York?
Delaware has lower divorce filing fees — $165 vs $335. Both states also charge for service of process ($60 in Delaware, $60 in New York). 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 New York?
The small claims limit is $25,000 in Delaware vs $10,000 in New York. Delaware allows you to sue for more money without going to regular civil court. Filing fees are $35 in Delaware and $15 in New York.