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.
How Delaware ranks vs all 50 states
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 $45. 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.
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LLC Formation Costs in Delaware
Full detailsForming 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+.
Delaware's $300 annual franchise fee makes ongoing costs high for small businesses that don't benefit from its court system.
Most investor-friendly state — preferred if you plan to raise venture capital or have multiple members.
Small Claims Court in Delaware
Full detailsDelaware'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 $45 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.
Delaware has one of the highest limits — tied with Tennessee for the highest in the US.
Divorce Filing Costs in Delaware
Full detailsFiling 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.
Delaware Family Court fees are standardized statewide, making cost estimation straightforward.
Notary Fees in Delaware
Full detailsDelaware 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.
$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.
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 | $2.50 |
All fees from official state government sources. Compare all 50 states
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