Law offices of Raymond C. Osterbye, LLC

08/23/2026

Don't Leave Your Family's Future to Chance: Why Every New Jersey Adult Needs a Will

Nobody likes to think about it — but if something happened to you tomorrow, would your family know what to do?

If you die without a will in New Jersey, the state decides who gets your assets, who raises your minor children, and how long it takes — not you. This is called "dying intestate," and it distributes your home, savings, and belongings according to a rigid legal formula, regardless of what you actually wanted. For blended families, unmarried partners, or anyone with specific wishes for a child, sibling, or charity, intestacy can produce results no one would have chosen.

A Last Will and Testament lets you decide:

Who inherits your home, savings, and personal property
Who raises your minor children if you and your spouse are unavailable
Who manages your estate (your Executor) and how debts are handled

A Trust can go further, helping you:

Avoid the delays and cost of probate court
Protect assets for young children or family members who need extra care
Keep your affairs private, since trusts aren't public court filings
Plan for blended families, second marriages, or a family business

A Few Things Most People Don't Know:

A will alone doesn't avoid probate. In New Jersey, even a valid will typically must go through the Surrogate's Court before your Executor can act. A properly funded trust can bypass probate entirely.
Beneficiary designations override your will. Bank accounts, retirement accounts, and life insurance with a named beneficiary pass directly to that person — keeping these updated matters as much as the will itself.
A Revocable Living Trust lets you keep control of your assets during your lifetime and specify exactly how and when they pass to loved ones — often with more flexibility than a will alone.
A complete estate plan usually includes more than a will — a Power of Attorney and a Health Care Directive ensure your finances and medical wishes are handled if you're incapacitated.

Estate planning isn't just for the wealthy — it's for anyone who wants to protect the people they love from confusion and unnecessary expense during an already difficult time. Getting a will (and, if appropriate, a trust) in place is more affordable and straightforward than most people expect.

📞 Call the Law Offices of Raymond C. Osterbye, LLC at (732) 737-9929, or reach Attorney Osterbye directly on his cell at (732) 778-8510, to schedule a consultation and protect your family's future.

📍 21 Church Street, Suite B, Keansburg, NJ 07734 📧 [email protected]

Attorney Advertising. This post is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Every family's situation is different — please consult with an attorney regarding your specific circumstances. Prior results do not guarantee a similar outcome.

08/04/2026

Clearing Your Record in New Jersey: How Expungement Works. Attorney Assistance for $800.

A past arrest or conviction can follow you for years — showing up on background checks for jobs, housing, and even volunteer opportunities. New Jersey law gives many people a real path to putting that record behind them.

What Expungement Actually Does

An expungement is a court-approved process that removes eligible criminal records from public access. Once granted, those records are treated, for most everyday purposes, as though the arrest or conviction never happened — meaning most background checks won't show them.

What Can Be Expunged — and How Long You Have to Wait
Indictable convictions (felonies): typically a 5-year wait, sometimes 4 years with compelling circumstances.
Disorderly persons offenses: typically a 5-year wait, sometimes 3 years in specific situations.
Municipal ordinance violations: a shorter 2-year wait in most cases.
Arrests that didn't lead to a conviction — dismissed charges, or a not-guilty finding — are generally eligible as well, often without the longer waiting periods.
The "Clean Slate" Option: Clearing an Entire Record

If your record includes multiple convictions over the years, New Jersey's Clean Slate law may still offer a path forward. After 10 years from your most recent conviction, completion of parole or probation, or release from incarceration — with all court-ordered fines paid — you may be eligible to clear your entire eligible record at once.

One important detail: Clean Slate's automatic process still isn't fully operational, so most people who qualify still need to file a petition with the court rather than wait indefinitely for the automatic system.

What Can't Be Expunged

New Jersey permanently bars certain serious offenses from expungement, including homicide, kidnapping, sexual assault, robbery, arson, child po*******hy, child endangerment, perjury, and terrorism-related offenses. That doesn't necessarily mean nothing else on your record can be cleared — many people have a mix of offenses, and it's common for some parts of a record to qualify even when others don't.

The Filing Process

Expungement petitions can be filed through New Jersey's online eCourts Expungement System, but the process still involves gathering detailed records, preparing a verified petition, and properly serving it on the county prosecutor, State Police, and other required agencies. Errors or missing information are a common reason petitions get delayed.

Ready for a Fresh Start?

Reach out to me directly, and for a flat fee of $800, I will handle your New Jersey expungement petition — reviewing your record, preparing and filing the petition, and guiding it through service on the required agencies, with the goal of clearing as much of your past record as New Jersey law allows.

📞 Cell: (732) 778-8510 📞 Office: (732) 737-9929 📍 21 Church St, Suite B, Keansburg, NJ 07734 🌐 Osterbyelaw.org ✉️ [email protected]

This article is intended for general informational purposes only and does not constitute legal advice. Expungement eligibility depends entirely on the specific offenses, dates, and circumstances involved, and certain serious offenses are permanently ineligible under New Jersey law regardless of how much time has passed. Please consult with an attorney to determine what, if anything, on your record can be expunged.

08/03/2026

Filing Your Own Divorce in New Jersey: How an Attorney Can Help for a Flat Fee of $700.00

Divorce doesn't always have to mean a long court battle or a legal bill that runs into the thousands. If you and your spouse largely agree on how to end your marriage, New Jersey allows you to file the paperwork yourself — but "allowed" and "easy" aren't the same thing. A small amount of attorney guidance can be the difference between a smooth filing and a case that gets kicked back by the court for missing paperwork.

New Jersey Lets You File Your Own Divorce

New Jersey courts permit pro se filing, meaning you represent yourself instead of having an attorney file and appear on your behalf. This works best when both spouses are on the same page — no major disputes over property, support, or custody. In that situation, the case is considered uncontested, and it moves through the court system far faster and cheaper than a contested divorce.

The court filing fee itself is modest — $300 for the Complaint for Divorce (or $325 if minor children are involved), plus a smaller fee if your spouse files an Appearance. What trips people up isn't the fee — it's the paperwork.

Where Pro Se Filers Usually Run Into Trouble

Filing for divorce in New Jersey isn't just one form. Depending on your situation, it can include:

The Complaint for Divorce, stating your grounds — most commonly "irreconcilable differences," New Jersey's no-fault option
A Case Information Statement (CIS), laying out both spouses' finances in detail
A Certification of Insurance Coverage
A Property Settlement Agreement (PSA), spelling out how assets, debts, support, and (if applicable) parenting time will be handled
Proper service on your spouse, and the correct response paperwork on their end

Small errors — a missing certification, an incomplete CIS, an agreement that doesn't address something the court expects to see — are the most common reason self-filed divorces get delayed. And once your Property Settlement Agreement is signed and incorporated into the final judgment, it's legally binding and enforceable, so it needs to actually say what you intend it to say.

New Jersey's Residency Requirement

To file for divorce on the no-fault ground of irreconcilable differences, at least one spouse must have lived in New Jersey for the 12 months immediately before filing. Other grounds for divorce have different requirements, so it's worth confirming which ground actually fits your situation before you file.

A Middle Ground: Limited-Scope Legal Help

You don't have to choose between paying for full representation and going it completely alone. New Jersey's court rules permit limited-scope ("unbundled") representation — an attorney helps with specific parts of your case, while you continue to handle the rest yourself.

For a flat fee of $700, our office can help you prepare and file your own New Jersey divorce papers pro se — reviewing your situation, making sure the right forms are used, helping ensure your paperwork is complete and accurate, and guiding you through the filing process so a small mistake doesn't turn into a months-long delay. This is a fraction of the cost of traditional full-service divorce representation, while still giving you the benefit of a licensed attorney's eyes on your paperwork before it goes to the court.

Is Pro Se Filing Right for You?

Pro se filing, even with attorney-assisted paperwork, works best when:

You and your spouse agree on the major issues — property, support, and custody (if applicable)
There isn't significant hidden complexity in your finances or assets
Both spouses are willing to cooperate through the process

If your situation involves real disagreement, complex assets, or concerns about full financial disclosure, that's a sign you may need more than document assistance — and it's worth having that conversation early rather than after paperwork is already filed.

Why It Helps to Have Guidance — Even for a "Simple" Divorce

An uncontested divorce can look simple on paper, but the forms are unforgiving of small mistakes, and a Property Settlement Agreement that doesn't clearly address every issue can create problems years down the road. Getting it right the first time is almost always cheaper than fixing it later.

Call the Law Offices of Raymond C. Osterbye, LLC today to see if our $700 pro se divorce filing assistance is right for your situation.

📞 Cell: (732) 778-8510 📞 Office: (732) 737-9929 📍 21 Church St, Suite B, Keansburg, NJ 07734 🌐 Osterbyelaw.org ✉️ [email protected]

This article is intended for general informational purposes only and does not constitute legal advice. Every situation is different — please consult with an attorney about the specifics of your case. Flat fee covers document preparation and filing assistance for qualifying uncontested matters; complex or contested cases may require additional services.

Provides general legal services, please give our offices a call to see if we can assist you.

08/03/2026

Facing Foreclosure in New Jersey? Here's What Homeowners Need to Know

Getting a foreclosure notice in the mail is one of the most frightening moments a homeowner can face. The good news: in New Jersey, foreclosure is not an overnight process, and homeowners have real legal protections and real options — but knowing them, and acting on them in time, makes all the difference.

New Jersey Gives You More Time Than You Might Think

Unlike some states, New Jersey is a judicial foreclosure state, meaning a lender cannot simply seize your home — they must sue you in court and win a judgment before your property can ever be sold. That process, done properly, takes time and involves several required steps, each of which gives you an opportunity to respond.

Step 1: The Notice of Intention to Foreclose

Before a lender can even file a foreclosure lawsuit, New Jersey's Fair Foreclosure Act requires them to send you a Notice of Intention to Foreclose at least 30 days in advance. This notice must explain:

Why the lender says you're in default
The exact amount needed to cure it
Your right to hire an attorney
Information about the state's foreclosure mediation program

If this notice is missing required information, or wasn't properly sent, that alone can be a defense to the case — one of many reasons homeowners shouldn't assume a foreclosure filing is automatically valid.

Step 2: The Complaint — and Your 35 Days to Answer

If the default isn't cured, the lender may file a foreclosure complaint with the Superior Court. Once you're served, you generally have 35 days to file a written Answer. This is one of the most important deadlines in the entire process. If you don't respond, the lender can typically obtain a default judgment — meaning you lose the chance to raise any defenses at all.

In your Answer, common defenses include:

Lack of standing — the lender must actually prove it owns your note and mortgage. Loans are frequently sold and bundled during their lifetime, and gaps in that paper trail can sometimes defeat a case entirely.
Violations of the Fair Foreclosure Act — such as a defective or missing Notice of Intention.
The debt was already satisfied, or you weren't actually the responsible party.
Procedural errors in how the case was filed or served.
Step 3: Mediation — A Chance to Negotiate

New Jersey's Foreclosure Mediation Program gives homeowners a chance to sit down with their lender and a neutral mediator to explore alternatives — like a loan modification, repayment plan, or other resolution — before the case goes further. You generally must request mediation within 60 days of being served with the complaint, so this is another deadline that can't be missed. Mediation doesn't guarantee an outcome in your favor, but it's a structured opportunity to be heard, and it's most effective when you go in prepared.

You Have the Right to Cure — Even Late in the Process

One of the most important protections in New Jersey law: a homeowner can pay the overdue amount and reinstate the loan at any point before a final judgment is entered. Even after a judgment, a right of redemption exists up until the sheriff's sale is confirmed by the court. In other words, the process isn't necessarily over just because a court date has passed — but the window narrows the further the case proceeds, so early action gives you far more options than waiting.

What If the Case Has Already Moved Forward?

Every stage still has options:

Loan modification or forbearance — negotiating directly with the servicer for reduced payments, a lower rate, or added time.
Mediation, if the deadline hasn't passed.
Bankruptcy — filing a Chapter 13 case triggers an automatic stay that immediately halts a sheriff's sale, and allows missed payments to be repaid over time while you keep the home.
Selling or transferring the property, if keeping it is no longer realistic, on your own terms rather than the lender's.
Why It Helps to Have Guidance

Foreclosure law is full of deadlines — the 35 days to answer, the 60 days to request mediation, the narrowing right of redemption — and missing any one of them can permanently close off an option you might otherwise have had. At the same time, not every foreclosure complaint is airtight, and cases are won or narrowed based on details many homeowners wouldn't think to look for on their own.

If you've received a Notice of Intention to Foreclose, been served with a complaint, or are simply worried about falling behind, the earlier you get guidance, the more options you're likely to have.

Call the Law Offices of Raymond C. Osterbye, LLC today to talk through your situation.

📞 Cell: (732) 778-8510 📞 Office: (732) 737-9929 📍 21 Church St, Suite B, Keansburg, NJ 07734 🌐 Osterbyelaw.org ✉️ [email protected]

This article is intended for general informational purposes only and does not constitute legal advice. Every foreclosure case is different — please consult with an attorney about the specifics of your situation.

08/03/2026

Child Support in Monmouth County: What Parents Need to Know
Raymond Osterbye

Going through a separation, divorce, or custody matter is stressful enough without also trying to figure out how child support works. Here's a clear, plain-language look at how New Jersey handles it — and what it means for your family.

How New Jersey Decides the Amount

New Jersey doesn't leave child support up to guesswork — the state uses a formula so your child keeps receiving roughly the support they'd have had if both parents were still under one roof.

Here's the basic idea:

Both parents' incomes are added together.
A standard support amount is calculated based on that combined income and the number of children.
That amount is split between the parents, based on each parent's share of the total income.

Extra costs are factored in — things like work-related child care, health insurance, and significant unreimbursed medical expenses.
Parenting time is considered. If a parent has the children overnight a substantial amount of the time — generally two or more nights a week — that's reflected in the final number.

For most families, this formula applies up to a combined income of about $187,200 a year. Above that, a judge looks more closely at the child's actual needs and the family's lifestyle to decide what's fair.

A Built-In Safety Net

New Jersey's guidelines also protect the paying parent through a self-support reserve — no parent should be left unable to cover their own basic living expenses because of a support order. If a full payment would leave a parent below that threshold, the court can adjust the amount while still providing for the child.

Circumstances Change — and So Can Your Order

An existing order isn't necessarily permanent. If your income, parenting schedule, or your child's needs change significantly, you may be able to request a modification — though courts want to see a meaningful, lasting change before adjusting an order.

Where Monmouth County Cases Are Handled

Child support matters for Monmouth County residents are heard at the Family Division of the Monmouth County Superior Court in Freehold. Most payments are then processed through the state's payment center, which tracks what's been paid and, for many parents, withholds support directly from a paycheck. If you're self-employed, expect the court to ask for tax returns, invoices, and business records to verify your income.

Why It Helps to Have Guidance

The formula is public information, but applying it to your specific situation rarely is simple. Shared custody schedules, self-employment income, and requests to deviate from the guidelines all require careful preparation — and small mistakes in your paperwork can affect your case for years.

If you're facing a child support matter in Monmouth County, you don't have to figure it out on your own.
Call the Law Offices of Raymond C. Osterbye, LLC today to talk through your situation.
Visit my offices for a free 20 Minute Consult.
📞 Mobile: (732) 778-8510 📞 Office: (732) 737-9939 📍 21 Church St, Suite B, Keansburg, NJ 07734 ✉️ [email protected]

08/03/2026

Bankruptcy in New Jersey: How Chapter 7 and Chapter 13 Can Help You Save Your Home and Erase Debt

Falling behind on bills is stressful enough without also worrying about losing your house. If you're a New Jersey homeowner facing foreclosure — or just feeling buried under credit card bills, old loans, and past-due accounts — bankruptcy is often more helpful, and less frightening, than people expect. Here's a clear, plain-language look at how it works.

The Moment You File, Collection Efforts Must Stop

As soon as a bankruptcy case is filed, something called the automatic stay goes into effect. This is a court order that immediately stops most collection activity — including a pending foreclosure sale, wage garnishments, and collection calls. It doesn't erase your mortgage, but it does buy you breathing room and, in many cases, real options to catch up.

Chapter 13: The Tool Built to Save Your House

If your goal is to keep your home, Chapter 13 bankruptcy is usually the right path. Instead of wiping out debt all at once, Chapter 13 sets up a repayment plan — typically over three to five years — that lets you:

Catch up on missed mortgage payments gradually, instead of all at once.

Stop a scheduled foreclosure sale, often just days before it would have happened.

Keep your home as long as you stay current on the plan and your regular mortgage payments going forward.

This is the key difference between the two most common types of personal bankruptcy: Chapter 7 can pause a foreclosure temporarily, but Chapter 13 is what actually lets you cure the missed payments and keep the house long-term.

Chapter 7: A Faster Path to Erasing Debt

Chapter 7 bankruptcy works differently. Rather than a repayment plan, it's designed to eliminate qualifying unsecured debt relatively quickly — often within a few months — for people who meet New Jersey's income requirements. It won't help you catch up on mortgage arrears, but it can clear the way by eliminating other debt that's making it impossible to keep up with your house payment in the first place.
What Debts Can Actually Be Erased?
People are often surprised by how much bankruptcy can address. Depending on your circumstances and which chapter you file, the following are commonly dischargeable (legally erased):

Credit card debt — one of the most common reasons people file.
Personal loans, including many loans from banks, credit unions, and online lenders.

Past-due utility bills — old balances with electric, gas, or water providers.

Old lease obligations, such as balances left over from a broken apartment lease or an old car lease.

New Jersey E-ZPass toll violations and related debt — like most unsecured debt, outstanding toll balances can generally be discharged.

New Jersey MVC driver's license surcharges — these can often be wiped out, and filing can help get a suspended license reinstated. One important detail: this only works cleanly if the surcharge debt hasn't already turned into a court judgment. Once the MVC obtains a judgment against you, that judgment is no longer dischargeable, so timing matters.

Some debts — like most student loans, recent tax debt, child support, and certain court fines — are treated differently and are harder, or impossible, to discharge. A big part of preparing a bankruptcy case is sorting out which of your debts fall into which category.
Filing in New Jersey
New Jersey bankruptcy cases are filed in federal bankruptcy court, not the state court system, and the process includes required credit counseling, a review of your income and expenses, and — for
Chapter 7 — a "means test" to confirm you qualify. Every case is different, and a mortgage in active foreclosure often needs to move quickly, so timing matters more than most people realize.

Why It Helps to Have Guidance

Bankruptcy law gives you real tools, but using the right one — and using it at the right time — makes all the difference. Filing too late can mean a foreclosure sale happens before you're protected. Filing the wrong chapter can mean losing the chance to save your home. And missing a small detail, like a surcharge that's already become a judgment, can mean debt you expected to erase stays with you.
If you're facing foreclosure or feeling overwhelmed by debt in New Jersey, you don't have to figure it out alone.

Call the Law Offices of Raymond C. Osterbye, LLC today to talk through your options. Free 20 Minute Consult.
📞 Cell: (732) 778-8510 📞 Office: (732) 737-9929 📍 21 Church St, Suite B, Keansburg, NJ 07734 🌐 Osterbyelaw.org ✉️

[email protected]

This article is intended for general informational purposes only and does not constitute legal advice. Every financial situation is different — please consult with an attorney about the specifics of your case.

Provides general legal services, please give our offices a call to see if we can assist you.

07/07/2026