Delaware lawyer costs and court fees
Short answer
Delaware has small claims cases up to $25,000, a 2-year personal injury filing deadline, a divorce filing fee of $165. Clio does not publish a Delaware rate; the national average is $349 an hour. Below are the verified court fees, deadlines, fee-cap rules and free-help options, each linked to its official source.
Delaware legal costs at a glance
| Small claims limit | $25,000[1][2] |
|---|---|
| Small claims filing fee | Debt or trespass complaint: $35 under $1,000; $40 for $1,000–$5,000; $45 over $5,000. Landlord/tenant $45; replevin $55; distress for rent $60 (10 Del. C. §9801).[1][2] |
| Superior Court civil filing fee | $200 civil complaint + $10 Court Security Assessment[3] |
| Divorce filing fee | $165 (Family Court civil filing – divorce, subject to $10 Court Security Fee)[4] |
| Personal injury deadline | 2 years (10 Del. C. §8119)[5] |
| Attorney fee caps | Medical negligence, 18 Del. C. §6865: 35% of the first $100,000, 25% of the next $100,000, 10% of the remainder. A per diem fee may be elected in writing instead.[6] |
| Average lawyer rate | No Delaware figure published; national average $349/hour[7] |
What lawyers charge in Delaware
Clio publishes state-level averages for only some states, and Delaware is not one of them. The national average billed rate in Clio's 2025 data is $349 per hour[7]. We do not publish an invented Delaware figure: ask two or three local lawyers for their hourly rate and compare it with the national number.
Illustrative budget at $349/hour (not a quote): a 1-hour consultation ≈ $349; a 5-hour document review ≈ $1,745; a 20-hour contested matter ≈ $6,980, before court fees and expenses. Many lawyers quote flat fees for routine work instead; see hourly vs flat fees.
Small claims court in Delaware
Small claims cases are heard in the Justice of the Peace Court (civil). You can ask for up to $25,000[1][2]. Delaware has no court called 'small claims court'; the Justice of the Peace Court hears debt, trespass, replevin, contract and certain negligence cases of $25,000 or less.
- Filing fee: Debt or trespass complaint: $35 under $1,000; $40 for $1,000–$5,000; $45 over $5,000. Landlord/tenant $45; replevin $55; distress for rent $60 (10 Del. C. §9801).
- Serving the other side: Alias (second service attempt) $20. The JP Court does not serve out-of-state defendants.
- Court self-help: Delaware court self-help resources
See how Delaware compares with other states in our 50-state small claims table.
Court filing fees
Superior Court: $200 civil complaint + $10 Court Security Assessment[3]
Divorce: $165 (Family Court civil filing – divorce, subject to $10 Court Security Fee)[4] Family Court Schedule of Assessed Costs, effective 7/20/26.
If you cannot afford a filing fee, every state lets you ask the court to waive it; the form is usually called a fee waiver or an application to proceed without paying fees. Our divorce cost guide compares filing fees across states.
Deadlines and attorney fee rules
Personal injury filing deadline: 2 years (10 Del. C. §8119)[5]. Exceptions exist (for example for minors, government defendants and medical claims), so check with a lawyer before the deadline gets close.
Contingency and fee caps: Medical negligence, 18 Del. C. §6865: 35% of the first $100,000, 25% of the next $100,000, 10% of the remainder. A per diem fee may be elected in writing instead.[6]
If you disagree with a lawyer's bill: the Delaware State Bar Association Fee Dispute Committee handles fee disputes between clients and lawyers.
Free and low-cost legal help in Delaware
- Legal aid: Delaware Legal Help Link. Programs funded by the Legal Services Corporation generally serve households at or below 125% of the federal poverty guidelines; in 2026 that is $19,950 a year for one person and $41,250 for a family of four in the 48 contiguous states[8].
- Lawyer referral: DSBA Online Lawyer Referral Service — $35 for initial 30-minute interview.
- Before you hire: read what consultations cost and options if you can't afford a lawyer.
Frequently asked questions
What is the small claims limit in Delaware?
$25,000, in the Justice of the Peace Court (civil). Delaware has no court called 'small claims court'; the Justice of the Peace Court hears debt, trespass, replevin, contract and certain negligence cases of $25,000 or less.
How much does it cost to file a small claims case in Delaware?
Debt or trespass complaint: $35 under $1,000; $40 for $1,000–$5,000; $45 over $5,000. Landlord/tenant $45; replevin $55; distress for rent $60 (10 Del. C. §9801). Service of the papers usually costs extra.
How long do I have to file a personal injury lawsuit in Delaware?
Generally 2 years (10 Del. C. §8119). Exceptions apply, so talk to a lawyer well before the deadline.
How much is the divorce filing fee in Delaware?
$165 (Family Court civil filing – divorce, subject to $10 Court Security Fee). Family Court Schedule of Assessed Costs, effective 7/20/26. You can ask the court to waive fees if you cannot afford them.
What can I do if I think my Delaware lawyer overcharged me?
Ask the lawyer for an itemized bill first. If that does not resolve it, the Delaware State Bar Association Fee Dispute Committee handles fee disputes between clients and lawyers.
Sources
- Delaware JP Court, Jurisdiction (checked October 11, 2026)
- Delaware Courts, JP Court Fees (checked October 11, 2026)
- Delaware Superior Court, Fees (checked October 11, 2026)
- Delaware Family Court, Schedule of Assessed Costs (checked October 11, 2026)
- Delaware Code, Title 10, Chapter 81 (checked October 11, 2026)
- Delaware Code, 18 Del. C. §6865 (checked October 11, 2026)
- Clio, Compare Lawyer Rates (2025 Legal Trends data) (checked October 11, 2026)
- Federal Register: LSC income guidelines (2026) (checked October 11, 2026)