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Created May 2026 · Reviewed and verified October 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

$35 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: The annual report fee is $35 on the state fee schedule, but it is waived for reports filed by April 15 in 2026 and 2027.

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

$20 WIN
$24.84

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

Which of These Fits Your Situation?

Self-serve templates and guides, instant download, no attorney needed.

Small Claims Demand Letter Template
Small Claims

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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 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 $35 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 $20 in Montana and $24.84 in South 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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