LegalCostCalculator
Updated May 2026 Side-by-Side

Montana vs South Dakota: Legal Cost Comparison (2026)

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

Montana
Cheaper LLC
South Dakota
Cheaper Divorce
South Dakota
Higher SC Limit

LLC Formation Costs: Montana vs South Dakota

Montana
South Dakota

Filing Fee

$35 WIN
$150

✓ Montana is cheaper here

Annual Report

$15 WIN
$50

✓ Montana is cheaper here

Publication Cost

$0
$0

It's a tie

Franchise Tax

$0
$0

It's a tie

Est. Year-1 Total

$35 WIN
$150

✓ Montana is cheaper here

Montana: Montana has no sales tax — beneficial for product-based businesses.

South Dakota: South Dakota's foreign qualification fee ($750) is one of the highest in the US — 5× the domestic fee.

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

South Dakota: No state income tax and no personal income tax.

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Small Claims Court: Montana vs South Dakota

Montana
South Dakota

Max Claim Limit

$7,000
$12,000 WIN

✓ South Dakota is cheaper here

Min Filing Fee

$30 WIN
$40

✓ Montana is cheaper here

Contract SOL

8 yrs WIN
6 yrs

✓ Montana is cheaper here

Divorce Filing Costs: Montana vs South Dakota

Montana
South Dakota

Filing Fee

$120
$95 WIN

✓ South Dakota is cheaper here

Sheriff Service

$50
$30 WIN

✓ South Dakota is cheaper here

Children Surcharge

$0
$0

It's a tie

Notary Fees: Montana vs South Dakota

Montana
South Dakota

Acknowledgment

$10
$10

Jurat

$10
$10

RON Fee

$10
$10
All Legal Costs in Montana →
Full breakdown: LLC, divorce, small claims & notary
All Legal Costs in South Dakota →
Full breakdown: LLC, divorce, small claims & notary

Frequently Asked Questions

Is Montana or South Dakota cheaper to form an LLC?
Montana is cheaper to form an LLC — $35 vs $150. However, consider the full first-year cost including annual report fees: Montana year-1 total is $35 vs South Dakota at $150.
What is the LLC filing fee in Montana vs South Dakota?
The LLC filing fee is $35 in Montana vs $150 in South Dakota. In addition to the one-time filing fee, Montana charges a $15 annual report fee and South Dakota charges a $50 annual report fee.
Which state is better for a small business — Montana or South Dakota?
For most small businesses operating in one state, form your LLC in the state where you actually do business. If you operate in Montana, form there — registering in South Dakota and then foreign-qualifying in Montana 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 Montana and South Dakota?
South Dakota has lower divorce filing fees — $95 vs $120. Both states also charge for service of process ($50 in Montana, $30 in South 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 Montana vs South Dakota?
The small claims limit is $7,000 in Montana vs $12,000 in South Dakota. South Dakota allows you to sue for more money without going to regular civil court. Filing fees are $30 in Montana and $40 in South Dakota.