LegalCostCalculator
Updated May 2026 Delaware

Delaware Legal Costs (2026)

Complete breakdown of common legal fees in Delaware — from forming a business to filing in court. All data sourced from official Delaware government websites.

$90
LLC Filing Fee
$165
Divorce Filing Fee
$25,000
Small Claims Limit
$5
Max Notary Fee

How Delaware ranks vs all 50 states

LLC: #14 out of 50 Divorce: #18 out of 50 SC limit: #1 highest Notary: #5 cheapest
LegalCostCalculator Editorial Team Data sourced from official government websites  ·  Last reviewed:

Understanding legal costs in Delaware before you file saves money and prevents surprises at the courthouse. Forming an LLC costs $90 in state filing fees , with a $300 annual report due each year after. If you need to sue someone in small claims court, you can recover up to $25,000 — and filing costs between $35 and $100. Divorce filing in Delaware starts at $165, not counting attorney fees or service costs. All figures below are sourced directly from official Delaware government and court websites and updated for 2026.

LLC Formation Costs in Delaware

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$90
Filing Fee
$300
Annual Report
None
Publication
$90+
Est. Year-1 Total

Forming an LLC in Delaware requires filing Articles of Organization with the Secretary of State and paying the $90 state fee. After formation, Delaware LLCs must file an annual report and pay $300 each year to stay in good standing. Your estimated first-year total including filing is $90+.

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Watch Out

Delaware's $300 annual franchise fee makes ongoing costs high for small businesses that don't benefit from its court system.

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Pro Tip

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

Small Claims Court in Delaware

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$25,000
Max Claim
$35–$100
Filing Fee
3 yrs
Written Contract SOL
Justice of the Peace Court
Court Name

Delaware's small claims court — the Justice of the Peace Court — handles disputes up to $25,000 without requiring an attorney. Filing costs between $35 and $100 depending on the claim amount. You must file within the statute of limitations: 3 years for written contracts and 3 years for oral agreements. Send a demand letter before filing — it costs nothing and often resolves the dispute without a court date.

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Tip

Delaware has one of the highest limits — tied with Tennessee for the highest in the US.

Divorce Filing Costs in Delaware

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$165
Filing Fee
None
Children Surcharge
$60
Sheriff Service
Not required
Parenting Class

Filing for an uncontested divorce in Delaware starts at $165 in court filing fees. Serving your spouse through the sheriff's office costs an additional $60. These are court fees only — attorney costs, if applicable, are separate and vary widely by case complexity.

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Delaware Family Court fees are standardized statewide, making cost estimation straightforward.

Notary Fees in Delaware

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$5
Acknowledgment
$5
Jurat
$25
RON Fee
Yes
Fee Cap

Delaware caps notary fees by law. The maximum fee for an acknowledgment is $5 per signature. Jurat notarizations (sworn statements) cost up to $5. Remote online notarization (RON) is permitted in Delaware and costs up to $25 per act. For documents requiring multiple signatures or notarial acts, fees multiply per signature — always confirm the total before your appointment.

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$5 per act in-person; $25 for RON.

Common Legal Cost Scenarios in Delaware

Real-world combinations of legal fees you may face — based on official Delaware filing costs.

$255
Form LLC + File for Divorce
LLC filing ($90) + divorce filing ($165)
$88 below national avg ($343)
$90+
LLC Full Year-1 Cost
Filing ($90) + annual report ($300)
$39 below national avg ($129)
$35
File a Small Claims Case
Filing fee ($35–$100) — no attorney needed
Recover up to $25,000 without a lawyer

How Delaware Compares to Neighboring States

State LLC Filing Divorce Fee SC Limit Notary Max
Delaware ◀ $90 $165 $25,000 $5
Maryland $100 $165 $5,000 $8
Pennsylvania $125 $201 $12,000 $5
New Jersey $125 $300 $5,000 $2.5

All fees from official state government sources. Compare all 50 states →

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