Delaware vs South Dakota: Legal Cost Comparison (2026)
Full side-by-side breakdown of legal fees in Delaware and South Dakota — LLC formation, divorce filing, small claims limits, and notary fees.
LLC Formation Costs: Delaware vs South Dakota
| Metric | Delaware | South Dakota | Winner |
|---|---|---|---|
| Filing Fee | $90 | $150 | Delaware |
| Annual Report | $300 | $50 | South Dakota |
| Publication Cost | $0 | $0 | Tie |
| Franchise Tax | $0 | $0 | Tie |
| Est. Year-1 Total | $90 | $150 | Delaware |
Filing Fee
Delaware is cheaper here
Annual Report
South Dakota is cheaper here
Publication Cost
It's a tie
Franchise Tax
It's a tie
Est. Year-1 Total
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.
South Dakota: South Dakota's foreign qualification fee ($750) is one of the highest in the US — 5× the domestic fee.
Delaware: Most investor-friendly state — preferred if you plan to raise venture capital or have multiple members.
South Dakota: No state income tax and no personal income tax.
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Small Claims Court: Delaware vs South Dakota
| Metric | Delaware | South Dakota | Winner |
|---|---|---|---|
| Max Claim Limit | $25,000 | $12,000 | Delaware |
| Min Filing Fee | $35 | $24.84 | South Dakota |
| Contract SOL | 3 yrs | 6 yrs | South Dakota |
Max Claim Limit
Delaware is cheaper here
Min Filing Fee
South Dakota is cheaper here
Contract SOL
South Dakota is cheaper here
Divorce Filing Costs: Delaware vs South Dakota
| Metric | Delaware | South Dakota | Winner |
|---|---|---|---|
| Filing Fee | $165 | $95 | South Dakota |
| Sheriff Service | $60 | $30 | South Dakota |
| Children Surcharge | $0 | $0 | Tie |
Filing Fee
South Dakota is cheaper here
Sheriff Service
South Dakota is cheaper here
Children Surcharge
It's a tie
Notary Fees: Delaware vs South Dakota
| Metric | Delaware | South Dakota |
|---|---|---|
| Acknowledgment | $5 | $10 |
| Jurat | $5 | $10 |
| RON Fee | $25 | $10 |
Acknowledgment
Jurat
RON Fee
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