LegalCostCalculator
Updated May 2026 Side-by-Side

Delaware vs Texas: Legal Cost Comparison (2026)

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

Delaware
Texas

Filing Fee

$90 WIN
$300

✓ Delaware is cheaper here

Annual Report

$300
$0 WIN

✓ Texas 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
$300

✓ 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.

Texas: Texas has no annual report fee, but foreign qualification costs $750. The $300 formation fee is offset by zero ongoing costs for most small LLCs.

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

Texas: No state income tax, no annual report fee, massive economy — one of the best states for small businesses.

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Small Claims Court: Delaware vs Texas

Delaware
Texas

Max Claim Limit

$25,000 WIN
$20,000

✓ Delaware is cheaper here

Min Filing Fee

$35 WIN
$54

✓ Delaware is cheaper here

Contract SOL

3 yrs
4 yrs WIN

✓ Texas is cheaper here

Divorce Filing Costs: Delaware vs Texas

Delaware
Texas

Filing Fee

$165 WIN
$300

✓ Delaware is cheaper here

Sheriff Service

$60 WIN
$75

✓ Delaware is cheaper here

Children Surcharge

$0 WIN
$20

✓ Delaware is cheaper here

Notary Fees: Delaware vs Texas

Delaware
Texas

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 Texas →
Full breakdown: LLC, divorce, small claims & notary

Frequently Asked Questions

Is Delaware or Texas cheaper to form an LLC?
Delaware is cheaper to form an LLC — $90 vs $300. However, consider the full first-year cost including annual report fees: Delaware year-1 total is $90 vs Texas at $300.
What is the LLC filing fee in Delaware vs Texas?
The LLC filing fee is $90 in Delaware vs $300 in Texas. In addition to the one-time filing fee, Delaware charges a $300 annual report fee and Texas has no annual report fee.
Which state is better for a small business — Delaware or Texas?
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 Texas 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 Texas?
Delaware has lower divorce filing fees — $165 vs $300. Both states also charge for service of process ($60 in Delaware, $75 in Texas). 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 Texas?
The small claims limit is $25,000 in Delaware vs $20,000 in Texas. Delaware allows you to sue for more money without going to regular civil court. Filing fees are $35 in Delaware and $54 in Texas.