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Created May 2026 · Reviewed and verified September 2026 Side-by-Side

Delaware vs North Dakota: Legal Cost Comparison (2026)

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

Delaware
Cheaper LLC
North Dakota
Cheaper Divorce
Delaware
Higher SC Limit

LLC Formation Costs: Delaware vs North Dakota

Delaware
North Dakota

Filing Fee

$90 WIN
$135

Delaware is cheaper here

Annual Report

$300
$50 WIN

North Dakota 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
$135

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.

North Dakota: North Dakota requires an annual report every year — don't miss the deadline.

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

North Dakota: Moderate fees and low business competition in many sectors.

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Small Claims Court: Delaware vs North Dakota

Delaware
North Dakota

Max Claim Limit

$25,000 WIN
$15,000

Delaware is cheaper here

Min Filing Fee

$35
$20 WIN

North Dakota is cheaper here

Contract SOL

3 yrs
6 yrs WIN

North Dakota is cheaper here

Divorce Filing Costs: Delaware vs North Dakota

Delaware
North Dakota

Filing Fee

$165
$80 WIN

North Dakota is cheaper here

Sheriff Service

$60
$30 WIN

North Dakota is cheaper here

Children Surcharge

$0
$0

It's a tie

Notary Fees: Delaware vs North Dakota

Delaware
North Dakota

Acknowledgment

$5
$5

Jurat

$5
$5

RON Fee

$25
$5

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

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

Frequently Asked Questions

Is Delaware or North Dakota cheaper to form an LLC?
Delaware is cheaper to form an LLC — $90 vs $135. However, consider the full first-year cost including annual report fees: Delaware year-1 total is $90 vs North Dakota at $135.
What is the LLC filing fee in Delaware vs North Dakota?
The LLC filing fee is $90 in Delaware vs $135 in North Dakota. In addition to the one-time filing fee, Delaware charges a $300 annual report fee and North Dakota charges a $50 annual report fee.
Which state is better for a small business — Delaware or North Dakota?
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 North Dakota 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 North Dakota?
North Dakota has lower divorce filing fees — $80 vs $165. Both states also charge for service of process ($60 in Delaware, $30 in North Dakota). 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 North Dakota?
The small claims limit is $25,000 in Delaware vs $15,000 in North Dakota. Delaware allows you to sue for more money without going to regular civil court. Filing fees are $35 in Delaware and $20 in North Dakota.

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.

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